Feds: Long Island clinic to provide sign-language interpreters for deaf patients

Long Island-based Total Orthopedics and Sports Medicine will provide sign language interpreters to patients who are deaf or hard of hearing, settling a federal case alleging employees refused to make the service available for a deaf client.

The settlement follows the patient's allegation that in January 2020, employees at the company's Massapequa clinic would not provide her with an American Sign Language interpreter during a medical appointment as required under Title III of the Americans with Disabilities Act, according to the United States Attorney for the Eastern District.

“This Office is deeply committed to protecting the civil rights of all individuals and will not hesitate to vigorously enforce the laws protecting people with disabilities when necessary,” U.S. Attorney Breon Peace said in a statement. “Today’s resolution ensures that the deaf and hard of hearing will be able to effectively and efficiently communicate with health care professionals at Total Orthopedics locations throughout New York City, Long Island, and New Jersey.”

Attorneys for Total Orthopedics did not respond to requests for comment. The company operates five clinics on Long Island and a sixth in Bayside, Queens, according to its website.

In court documents detailing the settlement, the company denied the allegations "in their entirety."

“This settlement agreement does not constitute an admission of any liability, wrongdoing, or unlawful conduct [by] any party," the company said in the documents. "The parties expressly understand and agree that they have entered into this settlement agreement to avoid the costs and uncertainty of litigation.”

Total Orthopedics agreed to pay the patient who made the allegation $1,500 and provide sign language interpreters to any patients who are deaf or hard of hearing. They also agreed to update their training materials and annual training for staff. The company will post notices in its clinics and on its website about the availability of hearing services. 

The settlement could have ripple effects and give rise to other medical clinics feeling the heat and coming into compliance with the act, said Dr. Chris Rosa, president and CEO of the Albertson-based Viscardi Center, a network of nonprofits that works to eliminate barriers for people with disabilities.

“I think as far as we're concerned, this should have always been the standard. This agreement is an affirmation of ADA core principles, and I hope it will get the attention for entities in the health care industry,” Rosa said. “Among other things, it ensures that deaf and hard of hearing individuals are able to effectively communicate medical issues.”