MedStar Health has agreed to resolve accusations it discriminated against patients with disabilities and will take corrective actions, the Justice Department announced Tuesday.
The Columbia, Maryland-based nonprofit health system allegedly barred family members, health aides and other support people from its facilities as a COVID-19 mitigation measure from 2020 through 2022, the Justice Department asserted in a complaint and a consent decree filed to the U.S. District Court for the District of Maryland on Tuesday.
Related: Feds to propose new disability access requirements for medical equipment
This MedStar policy qualified as a "pattern or practice of discrimination" that denied patients with disabilities equal access to healthcare, in violation of the Americans with Disabilities Act of 1990, according to the Justice Department Civil Rights Division and the U.S. Attorney for the District of Maryland. MedStar denies the allegations and that it didn't follow the ADA, according to the consent decree.
"For some people with disabilities, having a family member, aide or other support person by their side is critical to ensure they have the same access to healthcare as everyone else,” Kristen Clarke, assistant attorney general for civil rights, said in a news release. “When healthcare providers impose visitor restrictions that do not appropriately account for the needs of people with disabilities, they may run afoul of the Americans with Disabilities Act."
MedStar Health agreed to the consent decree devised with prosecutors.
"MedStar Health is pleased to have worked with the Department of Justice on an amicable resolution that supports our mission to continue to provide the best care to all the patients we serve," a spokesperson said in a statement. "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. 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."
The health system also noted that the visitation policy in question emerged during the trying early months of the pandemic. "This was an extraordinarily difficult time when public health mandates relating to visitors were changing almost daily to limit the spread of the deadly COVID-19 virus," the spokesperson said.
Under its agreement with the Justice Department, MedStar would pay $440,000 to patients and families affected by the visitation restrictions, update its internal policies to adhere to the ADA, retrain employees, and report future complaints to the Justice Department. The court must approve the consent degree before it takes effect.
The Justice and the Health and Human Services departments have each recently proposed rules aiming to enforce the ADA in healthcare settings. A draft Justice Department regulation would require that medical diagnostic equipment be accessible to people with disabilities while the HHS proposal would mandate accessible physical infrastructure and communications.
