ADA Agreement Ensures Effective Communication at DaVita, Inc. Dialysis Treatment Centers

The U.S. Attorney's Office for the Eastern District of Kentucky recently reached an agreement under the Americans with Disabilities Act (ADA) with DaVita, Inc., which operates dialysis treatment centers throughout the United States, to resolve a complaint brought on behalf of a patient who is deaf and uses American Sign Language (ASL) as his primary means of communication.

The complaint alleged that during multiple years of dialysis treatments at a DaVita dialysis treatment center in Lexington, Kentucky, staff failed to provide the patient with an ASL interpreter, which was necessary for him to communicate effectively during his treatment. DaVita cooperated fully with the investigation of this matter, which substantiated the allegations in the complaint.

Under the terms of the agreement, DaVita will update its policies and practices that will deal with providing effective communication and securing qualified interpreters for patients; train its staff on these policies; report any future complaints; and cooperate with the U.S. Attorney's Office to ensure ongoing compliance with the terms of the settlement agreement. Additionally, DaVita will pay $125,000 to the complainant and a $50,000 penalty.

Title III of the ADA prohibits discrimination against people with disabilities in places of public accommodation, such as the professional offices of health care providers. It requires places of public accommodation to provide the necessary auxiliary aids and services to ensure that communication is effective. Such aids and services can include American Sign Language interpreters for individuals who are deaf or hard of hearing and must be paid for by the place of public accommodation.

The United States was represented by Assistant United States Attorney Carrie Pond.

The Department of Justice offers a number of publications available to assist entities in complying with the ADA, including Effective Communication and a Business Brief on Communicating with People Who Are Deaf or Hard of Hearing in Hospital Settings. For more information on the ADA and to access these publications, visit www.ada.gov or call the Justice Department's toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD).

If you have information concerning a potential violation of federal civil rights laws that you wish to bring to our attention, please submit a report online with the U.S. Department of Justice's Civil Rights Division by visiting https://civilrights.justice.gov/. For more information on the Office's civil rights efforts and how to report a potential violation to the Office directly, please visit https://www.justice.gov/usao-edky/civil-rights.

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