KNOXVILLE, Tennessee – United States entered into a settlement on August 19, 2022 with Covenant Health (Covenant). Covenant is a nonprofit healthcare organization based in Knoxville, Tennessee. Covenant operates nine hospitals in eastern Tennessee, including the Parkwest Medical Center (PWMC). In a complaint lodged with the United States District Court for the Eastern District of Tennessee, the deaf applicant alleged that he had been denied effective communication under the Americans with Disabilities Act (ADA) during visits to emergency departments and hospitalization at PWMC.
The applicant submitted that he had gone to Covenant facilities, including the PWMC, after experiencing numbness and pain in his leg. The complainant alleged that the virtual interpreter services offered had been ineffective and that, despite repeated requests, he had not been provided with a live interpreter. The applicant submitted that he did not understand the reasons for his confession, the treatment plan and the discharge instructions. The U.S. Attorney’s Office in East Tennessee has opened a civil investigation into the allegations under the ADA. Covenant and the United States reached an agreement to resolve this investigation.
By concluding an investigation, Covenant agrees to implement measures and / or comply with existing measures to protect the rights of patients and deaf or hard of hearing people in its hospitals. These measures include: (1) appointing an ADA administrator for each facility to provide oversight and guidance; (2) identifying the services that can provide interpreters at each establishment in a timely manner; (3) notifying patients and their companions of their ADA rights; (4) development of an assessment plan to effectively identify appropriate supportive measures for each situation; (5) providing ADA training; and (6) filing compliance reports with the US Attorney’s Office. The settlement agreement is valid for three years. In addition, Covenant will pay a statutory fine to the United States of $ 50,000.
“The United States Attorney General’s Office commends the applicant for sharing his experiences in order to improve health communication to others in the deaf community. In addition, we commend Covenant Health and Parkwest Medical Center for cooperating in our investigation and working to promote effective communication with deaf people, ”said US attorney Francis M. Hamilton III. “This agreement is a roadmap for success for public facilities in eastern Tennessee to improve the participation of deaf and other hearing-impaired people in healthcare decisions.”
Assistant US attorney Leah W. McClanahan represented the United States in the investigation.
Members of the public should be reminded that claims under this agreement are purely allegations and that liability has not been established.
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