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 that the hospital did not provide effective communication for patients who are deaf or hard of hearing during medical visits. The investigation, which focused on incidents dating back to at least 2018, addressed allegations that BMH failed to meet requirements under the Americans with Disabilities Act (ADA).
The case began when an individual filed a complaint stating that BMH did not offer qualified sign language interpreters or necessary auxiliary aids and services in its emergency department. The complainant said he often had to rely on his companion to communicate about his medical issues. The federal investigation found other cases where patients whose primary language is American Sign Language also experienced similar barriers.
According to federal law, hospitals and doctors’ offices must ensure effective communication with all patients, including those who are deaf or hard of hearing.
As part of the agreement, BMH will now provide qualified interpreters when needed, create a grievance procedure, train staff on effective communication practices, and appoint a program administrator responsible for coordinating access to auxiliary aids and services around the clock.
The settlement also includes a fund intended to compensate individuals affected by BMH’s failure to provide appropriate services from 2018 through 2025. People who believe they were impacted can contact the United States Attorney’s Office by filling out the 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 U.S. Attorney’s Office in Vermont. Details about the resolution agreement can be found here: Resolution Agreement
Information about ADA requirements is available at http://www.ada.gov or through the Justice Department’s toll-free ADA information line at (800) 514-0301 (voice) or (800) 514-0383 (TTY).
“BMH has already taken steps to comply with its obligations under the ADA. And with the resolution agreement, BMH will timely provide qualified interpreters when necessary to ensure effective communication with patients and companions; create a grievance procedure; provide comprehensive training to its personnel on effective communication; and designate a program administrator who will coordinate access to auxiliary aids and services 24/7.”
The investigation highlights ongoing efforts by federal authorities to enforce ADA standards in healthcare settings.
