Connecticut orthopedic practice to accommodate ADA patients following federal investigation: 12 notes

Orthopedic

At the beginning of October, Tolland, Conn.-based Sports Medicine & Orthopedic Surgery, with locations in Manchester, Conn., entered into a settlement agreement under the Americans with Disabilities Act.

A complaint was originally filed with the U.S. Department of Justice against the practice by a patient who is deaf and uses American Sign Language, alleging that the practice failed to provide the patient with a qualified interpreter for American Sign Language at medical appointments.

As a result of the settlement, the practice has agreed to make several changes to better accommodate disabled patients. Here are 12 things to know about the accommodations, according to an Oct. 9 report from the Stamford Advocate

1. For the next three years, SMOS will provide auxiliary aids and services to patients with disabilities. 

2. SMOS has also agreed to provide reasonable modifications to policies and procedures consistent with the ADA for people with disabilities. 

3. Studies show that a lack of communication during medical appointments can lead to misunderstandings of diagnosis, poor adherence to treatment regimens, and less patient willingness to ask questions or advocate for themselves, leading to fear and mistrust of physician care. 

4. According to a 2010 study in the Journal of Evaluation in Clinical Practice, 82% of patients who didn't receive the interpreting service they requested couldn't understand their diagnosis, 70% couldn't understand the treatment guidelines and 63% discontinued their care. 

5. In Connecticut, the U.S. Attorney's Office has settled five cases relating to communication access for deaf patients in medical settings since 2021. 

6. The Americans with Disabilities Act requires that all healthcare providers offer patients effective communication means through auxiliary aids or services and promptly supply them for free.

7. SMOS will now cover the cost of any needed auxiliary aids and can't deny anyone access to the service, and the practice will screen all patients for their communication needs while offering various options as part of the settlement agreement.

8. After a patient says they need extra support, providers will send a communication assessment form to see what aids are required.

9. The practice will create a list of qualified interpreters or interpreting agencies to ensure the service is available. The settlement also sets standards for using video remote interpreting services instead of in-person interpreters.

10. SMOS will also provide mandatory annual ADA training for all staff on hearing impairment, cultural diversity in the deaf community, how to identify communication needs, the types of auxiliary aids and services and more. 

11. Signs will be posted in the SMOS office to inform patients of the interpreting services available free of charge.

12. SMOS will also pay $3,000 to the complainant for the effects of the alleged discrimination. 

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