Justice Department, MedStar reach agreement over disability access

Columbia, Md.-based MedStar has reached an agreement with the Justice Department after allegedly depriving individuals with disabilities access to medical care by excluding the presence of their support persons.

The Justice Department alleges that the health system violated the Americans with Disabilities Act by not adjusting its COVID-19 visitor rules to accommodate people with certain disabilities. 

According to the complaint, this affected people with certain disabilities' ability to get medical care independently, as they couldn't have their support persons with them. As a result, they couldn't receive equal care without their support person's help.

In the proposed consent decree, which the court needs to accept, MedStar has agreed to pay $440,000 to compensate several eligible individuals who were affected by the policy. 

The health system also said it would change their policies to follow the Americans with Disabilities Act, train their staff on the new rules, and inform the department if they exclude support persons in the future, as stated in the agreement. 

The Civil Rights Division and the U.S. Attorney's Office for the District of Maryland worked together on this issue, according to a Jan. 30 news release from the Justice Department.

A MedStar spokesperson told Becker's that in May of 2021 the Department of Justice brought to its attention concerns raised by certain patients who were impacted by the visitor restrictions it put in place during the peak of COVID-19. 

"Delivering exceptional care to all our patients is at the core of all we do, and we have always wholeheartedly encouraged support persons accompanying patients with disabilities to ensure equal access to high-quality health care. As a result of the resolution, we have clarified our visitation policies and will provide training for associates who regularly may be called upon to recognize when a patient requires a support person," the spokesperson said. "We are pleased to address the government's concerns and will continue to welcome support persons as we provide the best possible care to all our patients."

 

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