Covenant Health in Tennessee Settles ADA Action by Justice Department

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The U.S. Department of Justice reached a settlement with Knoxville, Tennessee-based Covenant Health over claims that it violated the Americans with Disabilities Act.

The settlement comes in the case of a deaf man who alleged that he was denied effective communication during emergency department visits and an in-patient admission at Parkwest Medical Center, according to a news release from the U.S. Attorney’s Office for the Eastern District of Tennessee.

The complainant alleged that he was offered virtual interpreter services, but they were not effective. The result was that he did not understand the reasons for his admissions, his treatment plan, or his discharge instructions.

The settlement agreement is effective for three years. Covenant agreed to several measures, including providing training on the Americans with Disabilities Act; submitting compliance reports to the U.S. Attorney’s Office; designating an ADA administrator at each facility to provide oversight and guidance; identifying services that can provide interpreters to each facility in a timely manner; providing notice to patients and their companions of their rights under the ADA; and developing an assessment plan to effectively determine the appropriate auxiliary aid for each situation.

Covenant, which operates nine hospitals in East Tennessee, will also pay a $50,000 penalty to the United States.

“The U.S. Attorney’s Office commends the complainant for sharing his experience to improve healthcare communication for other persons in the deaf community. Further, we commend Covenant Health and Parkwest Medical Center for cooperating in our investigation and working to promote effective communication with deaf individuals,” said U.S. Attorney Francis Hamilton III. “This agreement is a roadmap for success for public accommodations within East Tennessee that aim to improve the participation of deaf persons and other persons with hearing impairments in healthcare decisions.”