The Justice Department announced today that it filed a complaint and proposed consent decree in the U.S. District Court for the District of Maryland resolving allegations that the Johns Hopkins Health System Corporation (Johns Hopkins) violated the Americans with Disabilities Act (ADA) by denying people with disabilities equal access to medical care by excluding their necessary support persons.
“Patients with disabilities may need the assistance of a support person, like a family member or aide, to have equal access to health care, especially during emergencies,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Policies and training go hand in hand when it comes to ensuring that health care providers and their employees are protecting patient rights and not excluding support persons improperly. Ensuring equal access to medical care is a priority for the Justice Department.”
“Patients with disabilities deserve equal access to healthcare,” said U.S. Attorney Erek L. Barron for the District of Maryland. “Appropriate medical care often requires them to be accompanied by essential support persons. Johns Hopkins’ recommitment to meeting the needs of its patients with disabilities and ensuring that they are treated with dignity and respect is a welcome outcome of this agreement.”
Some individuals with dementia, intellectual disabilities, autism spectrum disorder and other disabilities may require the assistance of a support person (such as a family member, personal assistant or other individual knowledgeable about them) when accessing medical care. Support persons can help individuals with disabilities to communicate, such as providing their medical history and answering questions, and to understand what is happening, such as medical instructions they are given during their care and discharge.
The complaint alleges that Johns Hopkins failed on numerous occasions to follow its own policies on visitors and support persons and did not permit patients with disabilities to be accompanied by their support persons. As a result, these patients were unable to receive equal care. Title III of the ADA requires private hospitals and other health care providers to provide individuals with disabilities with full and equal enjoyment of their goods and services.
Under the proposed consent decree, which the court must approve, Johns Hopkins has agreed to pay $150,000 to compensate multiple affected individuals. Johns Hopkins will also update its support person policies to ensure ADA compliance, train its employees on its support person policies and the ADA and report to the department on any future complaints regarding support persons.
The Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the District of Maryland handled the matter.