Brattleboro Memorial Hospital (BMH) has reached a settlement with the United States Attorney’s Office for the District of Vermont following an investigation into complaints about ineffective communication with patients who are deaf or hard of hearing. The agreement addresses allegations that BMH violated the Americans with Disabilities Act (ADA) during patient visits dating back to at least 2018.
The investigation began after a complaint was filed by an individual who said BMH did not provide qualified sign language interpreters or appropriate auxiliary aids and services during emergency department visits. The complainant also reported having to rely on a companion to communicate medical concerns. The U.S. Attorney’s Office found additional cases where individuals whose primary means of communication is American Sign Language were not provided effective communication.
According to the press release, “It is well settled under the ADA that patients have the right to effective communication in hospitals and doctors’ offices.”
BMH has already taken steps toward meeting its ADA obligations. Under the terms of the resolution agreement, BMH will provide qualified interpreters when needed, create a grievance procedure, offer comprehensive training for staff on effective communication, and appoint a program administrator responsible for coordinating access to auxiliary aids and services at all times.
A fund has been established as part of the agreement to compensate those affected by BMH’s failure to provide necessary communication support from 2018 through 2025. Individuals who believe they have been impacted can contact the United States Attorney’s Office using a civil rights complaint form available on their website at https://www.justice.gov/usao-vt/civil-rights-program or by emailing USAVT.contactus1@usdoj.gov.
Assistant United States Attorney Matthew J. Greer and former Assistant United States Attorney Zachary M. Dayno managed this matter for the District of Vermont. The full resolution agreement can be accessed online: Resolution Agreement
Further information about ADA requirements is available at http://www.ada.gov or via the Justice Department’s toll-free ADA information line.
