The U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) has reached a settlement with the New Jersey Imaging Network to resolve a civil rights complaint from an individual who uses a wheelchair and was denied mammography services due to her disability. This action is based on Section 504 of the Rehabilitation Act and Section 1557 of the Affordable Care Act, which prohibit discrimination on the basis of disability in any program or activity receiving funding from HHS.
OCR's investigation followed a complaint from a woman who used a wheelchair and was denied mammography services because of her disability. The settlement mandates that New Jersey Imaging Network comply with federal laws by implementing processes and procedures to ensure equal access to care for individuals with disabilities, including providing appropriate equipment and appointment availability.
"OCR Director Melanie Fontes Rainer stated, 'Women, and all people with disabilities, are too often unable to get routine and lifesaving medical care because providers do not comply with the law. The effort necessary to train staff, have proper medical equipment, and communicate effectively with patients who have disabilities is small compared to the harm not doing so can cause.'"
Under the terms of the settlement, New Jersey Imaging Network will:
- Revise its policies to make appointments available during normal business hours for all patients.
- Document requests for mobility assistance or other reasonable accommodations.
- Provide patients with descriptions of available accommodations.
- Notify patients of their rights under the law.
- Develop a process for individualized assessment of patients requiring reasonable accommodations.
- Train staff on new policies regarding interactions with individuals with disabilities.
- Ensure safe access to medical equipment for individuals with limited mobility.
- Inform patients, staff, and the public about their rights under federal law and how to file discrimination complaints.
OCR will monitor compliance with this settlement over two years. A copy of the agreement is available at [HHS website](https://www.hhs.gov/civil-rights/for-providers/compliance-enforcement/agreements/vra-new-jersey-imaging-network/index.html).
This settlement is part of OCR's ongoing efforts to protect civil rights for people with disabilities. More information on Section 504 of the Rehabilitation Act can be found [here](https://www.hhs.gov/civil-rights/for-individuals/disability/index.html), while details on Section 1557 of the Affordable Care Act are available [here](https://www.hhs.gov/civil-rights/for-individuals/section-1557/index.html).
Complaints regarding discrimination due to mobility impairment or other protected characteristics can be filed at [HHS Office for Civil Rights](https://www.hhs.gov/civil-rights/filing-a-complaint/index.html). Follow HHS OCR on X (formerly Twitter) at @HHSOCR.
