Attorney General Mayes Enforces Arizonans with Disabilities Act in Settlement with Behavioral Health Provider

Attorney General Kris Mayes announced  that the Civil Rights Division of the Attorney General's Office secured a Consent Decree to resolve a public enforcement lawsuit against Acadia Healthcare Company, Inc. and its subsidiary in Arizona, Sierra Tucson, L.L.C. The suit alleges that Sierra Tucson violated the Arizonans with Disabilities Act (“AzDA”) by failing to provide effective communication to an individual who is hard of hearing during her inpatient residential treatment. Under the AzDA, a person or entity that operates a place of public accommodation must not discriminate against individuals with disabilities in providing goods and services. “There are over 500,000 Deaf and hard-of-hearing individuals living in Arizona. Arizona law requires that communications with individuals with hearing-based disabilities are as effective as communications with others,” said Attorney General Mayes. “A person who is seeking inpatient behavioral health services is particularly vulnerable. When necessary for a person’s disability, Arizona businesses must make modifications to their services to ensure all Arizonans are treated equally regardless of hearing ability.” Sierra Tucson provides inpatient behavioral health services in Tucson, Arizona. In 2021, a former patient of Sierra Tucson who is hard-of-hearing filed a discrimination complaint with the Civil Rights Division alleging that Sierra Tucson failed to provide her with effective communication throughout her approximately one-month inpatient treatment. Under the State’s Consent Decree, Sierra Tucson agrees to:

• Pay the aggrieved former patient $149,522.75, and her attorney fees.
• Pay a civil penalty of $5,000 to the State of Arizona
• Modify its policies and procedures to ensure effective communication for all patients with disabilities
• Train its personnel on providing auxiliary aids and services to patients with disabilities
• Submit to three years of monitoring by the Civil Rights Division to ensure compliance with the Consent Decree.

This litigation was handled by Assistant Attorneys General Chris Carlsen, Ryan Bishop, Natalie Trouard and investigated by Civil Rights Division Compliance Officer Alisha Kram.The mission of the Civil Rights Division of the Arizona Attorney General’s Office is to enforce civil rights laws, increase public awareness of civil rights, provide dispute resolution services, and offer community services throughout the State. If you believe you’ve been discriminated against in housing, employment, public accommodations, or voting, please contact our office at (602) 542-5263 or submit an intake questionnaire at www.azag.gov/complaints/civil-rights.

Original source can be found here.