Humana, State of Florida Sued for ADA Violations

On August 9, 2011, Jacksonville Area Legal Aid, Inc and the National Association of the Deaf (NAD) filed a lawsuit against Humana Insurance and the Florida Department of Financial Services (DFS) in the US District Court, Middle District of Florida. Raymond Giustiniani, Rose Hukins and members of the Florida Association of the Deaf allege they have been denied effective communication by medical providers on Humana’s list of approved providers and Humana. First, selected providers have refused to provide American Sign Language interpreters for the inpidual plaintiffs. Additionally, the insurance company refused to accept a Video Relay Service call from a plaintiff who wanted to report a doctor’s wrongdoing.

The American with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504) prohibit a place of public accommodations discriminating against inpiduals based on their disabilities through licensing or contracting with another entity.  Federal law also requires public accommodations to accept VRS calls in the same manner it accepts other telephone calls. 

The Department of Financial Services is the state entity which licenses Humana, and all other insurance carriers in the state of Florida. Pursuant to the ADA and Section 504, it is unlawful for DFS to continue to license entities which are in violation of the ADA and Section 504.

Mr. Giustiniani, Ms. Hukins, and the FAD seek a number of remedies, but primarily assurances that Humana and DFS treat deaf and hard of hearing citizens equitably so that they may have meaningful access to health care. They also seek to ensure effective policies are in place for deaf and hard of hearing people to file grievances and obtain immediate assistance from their insurance carriers when doctors in their health plan fail to provide effective communication which results in denied or delayed medical care.

“The ADA imposes a responsibility on various players to ensure effective communication with members of the public who are deaf or hard of hearing,” said NAD President Bobbie Beth Scoggins. “Insurance companies and state agencies must uphold the law by making ensuring that doctors provide deaf and hard of hearing patients with equal access to health care.”