National Association of the Deaf

Consent Decree Establishes a Model for Hospitals Nationwide



The lawsuit filed by Janet DeVinney and the United States Attorney's Office resulted in a consent decree signed in May, 1998. The consent decree, which contains the following requirements, will remain in effect for a minimum of the next five years.

Requests for Sign Language Interpreters

A qualified sign language interpreter will be made available at no expense during pre-scheduled visits and at all other times within one hour after a request has been made. This service will be available to patients, family members, friends, companions, and others authorized and reasonably expected to communicate with hospital personnel.

Hospital Room Phones

If deaf patients are residing in rooms ordinarily equipped with telephones, the hospital will promptly provide them with a choice of a hearing aid compatible telephone with amplified sound or a TTY with a printer and corresponding flash mechanism.

Staff Training

Comprehensive, in-service training will be provided to all hospital personnel about the communication needs of persons who are deaf. This training will include information about the role of sign language interpreters and about other aids and services available at the hospital.

Overall Policy Distribution

A new hospital policy will be created stating that persons who are deaf or hard of hearing will fully and equally enjoy all of the hospital's services, benefits, and facilities. That policy will then be distributed to all hospital personnel and to all physicians affiliated with the hospital.

Use of Qualified Interpreters

Family members, friends, companions, case managers, or other persons associated with a deaf patient will not be used for interpreting/communication purposes in the absence of a rejection and written refusal of the hospital's offer of a free qualified interpreter.

Accessibility

Functioning incoming TTY telephone numbers will be maintained for the Admitting Office, Emergency Department, McGeachey Hall, Vocational Services, Outpatient Clinic, and the Poison Control Center, with hospital personnel trained in the specific use of TTYs. In addition, permanently-installed public TTY pay telephones will be maintained at the emergency room waiting room, main corridor of the admitting department, the special care unit, McGeachey Hall, cardiology department, and its Brighton, Falmouth and Scarborough facilities.

Closed Captioned Television

In all patient rooms containing televisions, televisions with closed caption capability (or closed caption decoders for standard televisions) shall be provided for persons who are deaf or hard of hearing while they are using such rooms.

Family Support

All family members, relatives, friends, companions and other persons who are deaf or hard of hearing and authorized and reasonably expected to communicate with hospital personnel about a patient will be provided with the same interpreters, aids and services.

Copies of the consent decree and MMC's new hospital policy are available from the U.S. Attorney's Office upon request by calling 207-945-0307 TTY, or by leaving a message at 207-780-3060. You can also find this information on the DOJ Web site.

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