Xavier Becerra, Secretary and Deputy Secretary & Andrea Palm, Deputy Secretary | https://www.hhs.gov/about/leadership/xavier-becerra.html https://www.hhs.gov/about/leadership/andrea-palm.html
The U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) has issued a Letter of Finding and Notice of Violation against San Juan Capestrano Hospital in Puerto Rico. The hospital was found to have violated federal disability civil rights laws by failing to provide a sign language interpreter for a patient, as required under Section 504 of the Rehabilitation Act and Section 1557 of the Affordable Care Act.
"Effective communication during mental health evaluations is critical to ensure appropriate care and treatment for every patient. Patients who are deaf or hard-of-hearing must receive the same level of communication as patients without auditory disabilities," said OCR Director Melanie Fontes Rainer. "OCR will continue to rigorously enforce the laws and regulations in strengthening access to health services for individuals with disabilities to ensure equity and nondiscrimination in health care and human services."
Section 504 prohibits discrimination based on disability in any program or activity receiving federal financial assistance from HHS, while Section 1557 extends similar protections within certain health programs and activities. These laws require entities receiving federal financial assistance to ensure effective communication with individuals with disabilities through appropriate auxiliary aids and services.
The investigation began after OCR received a complaint alleging that San Juan Capestrano Hospital discriminated against a patient by not providing a sign language interpreter during a court-ordered psychiatric evaluation. OCR's findings included:
- The patient was qualified under disability law, using sign language as her primary form of communication.
- A sign language interpreter was necessary for effective communication.
- Handwritten notes, gestures, and lip reading were insufficient given the complexity of psychiatric evaluations.
- The hospital failed to take adequate steps to ensure effective communication.
- Auxiliary aids and services were not provided where necessary.
OCR has advised the hospital to contact them within thirty days and enter into a Settlement Agreement within sixty days. Failure to comply may result in limitations on continued receipt of HHS funds.
This action is part of OCR's ongoing efforts to protect the civil rights of people with disabilities, following recent updates to rules implementing Section 504 and Section 1557.
For more information on these provisions or how they protect individuals with disabilities, visit HHS’s official website. Complaints regarding discrimination can be filed directly through their platform.
