Home Health Care refuses to provide interpreter

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DeafDoc1

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I was hospitalized in December for an acutely ruptured disk and had emergency surgery. I was discharged after 2 weeks, and the doctors ordered a home health aide and home PT and OT. They faxed a referral to the provider in my insurance network. When I called the next day to set up services, they told me they don't provide interpreters and their lawyer said they didn't have to. They refused to accept me as a client.

This agency is a franchise of a corporation with 75,000 employed health care workers. There is no way they can claim financial hardship with that large a workforce.

Yesterday I filed a complaint against the agency with the Department of Justice claiming my ADA rights had been violated.

As an aside, this agency provides home care to a number of my patients. It's a shame I won't be able to authorized those services any more :naughty: ...I can't support a business that blatently discriminates!
 
Sorry to hear about your troubles Doc. I hope everything gets resolved, and hope you are getting better.
 
Were there any other providers for you to choose from or was this the only one? Did they refuse you based on your needing an interpreter?
 
jenniifer said:
Were there any other providers for you to choose from or was this the only one? Did they refuse you based on your needing an interpreter?
Click to expand...

This one in is my insurance network. When I called to set up the appointments they were ready to schedule, but when I requested the interpreter, they informed me they wouldn't accept me. They said I could provide my own interpreter, at which point I explained their obligations under ADA.
 
I'm sorry that you not only have to deal with injury and surgery but with non-compliant (to put it nicely) support services. What a bummer!

Good for you filing a complaint.

I hope you heal quickly and completely despite the hindrances. :hug: (Hope that didn't hurt.)
 
Reba said:
I'm sorry that you not only have to deal with injury and surgery but with non-compliant (to put it nicely) support services. What a bummer!

Good for you filing a complaint.

I hope you heal quickly and completely despite the hindrances. :hug: (Hope that didn't hurt.)
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Thanks, Reba. That was a painless and much needed hug! :hug:
 
Sorry hear about that!

They will nail them! :)
 
DeafDoc1 said:
I was hospitalized in December for an acutely ruptured disk and had emergency surgery. I was discharged after 2 weeks, and the doctors ordered a home health aide and home PT and OT. They faxed a referral to the provider in my insurance network. When I called the next day to set up services, they told me they don't provide interpreters and their lawyer said they didn't have to. They refused to accept me as a client.

This agency is a franchise of a corporation with 75,000 employed health care workers. There is no way they can claim financial hardship with that large a workforce.

Yesterday I filed a complaint against the agency with the Department of Justice claiming my ADA rights had been violated.

As an aside, this agency provides home care to a number of my patients. It's a shame I won't be able to authorized those services any more :naughty: ...I can't support a business that blatently discriminates!
Click to expand...

:eek3: I can't believe the sheer ignorance and discrimination you encountered. Sorry about the surgery. I hope you are recovering well.
 
Good for you for filing a complaint! I was health aid for 9 years and the company I worked never spoke about having a client that deaf or HOH . I did have a client that could not talk and I suggested to my company that they should write all the things that guy wanted done and he could point to the chores that needed to be done on each visit. I think it horrible that the company did get you an interperter. Could you have gotten one from a center for Deaf and HOH ?
 
So probably they refused based on the extra costs of providing an interpreter - which they can do, but they probably have to prove that they can't afford it - of course, I am simplifying, but you know what I mean. I am glad you filed a complaint, because it should be your legal right - in reality they are discriminating. What bugs me is that these sort of things potentially cause more problems by delaying medical care, and also, you shouldn't have to deal with all this extra hassle at a time when you should be focusing on getting well.
 
jenniifer said:
So probably they refused based on the extra costs of providing an interpreter - which they can do, but they probably have to prove that they can't afford it - of course, I am simplifying, but you know what I mean. I am glad you filed a complaint, because it should be your legal right - in reality they are discriminating. What bugs me is that these sort of things potentially cause more problems by delaying medical care, and also, you shouldn't have to deal with all this extra hassle at a time when you should be focusing on getting well.
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A business with 75,000 employees will have a very difficult time justifying discrimination due to financial hardship. Typically that loophole is reserved for business with less than 10 employees and when the cost is a high percentage of gross receipts.

Once again, accommodations can take many forms, depending on the nature, content,
and importance of the communication. Agencies can be exempted from this title,
though in section of the ADA uses the term 'undue hardship', rather than 'undue
burden'. The underlying concept is still the same: an accommodation would have to be
a significant proportion of the yearly gross income of the business to be considered an
undue hardship. Cost of accommodations cannot be considered on a per contact basis.
For example, a doctor cannot claim undue hardship because the cost of an interpreter
is equal to her fee for an office visit, resulting in no net profit for the appointment. The
cost of providing accommodations is considered an overhead cost for the business on
a yearly basis.​

I would be surprised it they aren't fined.
 
jillio said:
:eek3: I can't believe the sheer ignorance and discrimination you encountered. Sorry about the surgery. I hope you are recovering well.
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Thanks, Jillio. I really feel an obligation not to sue for my own financial gain (which I am not), but to make a statement that this behavior is unacceptable. Hopefully these acts make it easier for the next Deaf client to receive proper services (which includes me).
 
Have a speedy recovery, DeafDoc1. This really hits home because three years ago I had visiting nurses twice a week in my home after a hernia surgery in my side. For a couple months they would pull out the tube from the suctioning machine and change the dressing, etc. and I never requested an interpreter, so I didn't have one. Hmmm. I wonder what would have happened if I did request one? You actions will help all of us deafies. For that I thank you.
 
Hi, all,
Thought I'd drop by and provide some follow-up. The complaint I filed with DOJ went to mediation last month. The lawyer for the agency stated it was not a money issue, but a legal precedent. His interpretation of the law was that HOME care was not specifically included in the section regarding hospitals and doctor's offices. He further stated that they had no contracts with interpreting agencies and didn't know how to go about it. He then lied through his teeth saying I didn't want to pay my co-pay and chose not to use the homecare agency--grrr.

After presenting my case, documentation, and some education, the agency agreed to all my demands. They are contracting with an interpreting agency, they are writing educational policies and procedures for dealing with future requests, they are writing a letter of apology to me, and they are making a donation to a deaf youth program for advocacy training. They own all the franchises in the contiguous 5 states, so the policies will be implemented in all those offices. The lawyer is recommending the national office adopt the policy for all states in which they operate. And finally, the lawyer and mediator are asking the Dept of Justice to make a summary ruling on whether or not homecare agencies are in fact required by law to provide interpreters in the home. This judgement will provide clear legal basis for providing services and suing agencies who refuse to comply.

Victory, very sweet.
 
Wirelessly posted (BB Curve 9300)

:applause:
 
such a bad experience. Is the thing you want is included in your caring docs or they were just not caring you proper the need you want!
 
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