Thomas Snyder, of Newark, was admitted to the Park Crescent Healthcare & Rehabilitation Center in East Orange in March 2014. Throughout his 39-day stay at the facility, Snyder and his sister repeatedly asked for the services of an ASL interpreter, but did not receive them. The center acknowledged that it did not accommodate the requests because Snyder appeared able to effectively convey his questions and comments using a pen and paper.
Snyder filed a formal discrimination Complaint with the Division on Civil Rights on June 13, 2014. The Division investigated Snyder’s allegations and, based on the results, Division Director Craig T. Sashihara issued a Finding of Probable Cause against Park Crescent in November 2014.
In that finding, Director Sashihara wrote that, without an ASL interpreter, “It is undisputed that Complainant was able to communicate regarding relatively simple and mundane matters such as asking about the whereabouts of his clothing. The critical issue is whether he was able to effectively communicate regarding more complex medical procedures or discussions.”
Snyder alleged in the formal Complaint against Park Crescent that he saw a doctor once a week during his five-and-a-half weeks at the facility, but was unable to ask questions about his treatment.
“This is an important settlement, not only for the individual whose request for an ASL interpreter was not accommodated, but for deaf and hard of hearing persons across New Jersey,” said Acting Attorney General Hoffman. “Simply put, care giver facilities do not get to be the sole arbiter of what communication method is best for their deaf and hard of hearing patients. That is not how the law works in our state, and we’re hopeful this case will serve as a reminder of that fact to other patient care facilities.”
“The deaf community is not demanding favored-nation status. People who are deaf or hard of hearing merely seek equal access to the services and opportunities that most of us take for granted,” said Director Sashihara. “There are a host of issues. For instance, the rates are troubling in terms of unemployment and under-employment for people who are deaf. Championing the ability to effectively communicate with a doctor about personal health issues is just a step forward in the battle to remove institutional barriers that isolate, rather than lift up, our fellow citizens.”
According to the Division’s investigation, Snyder was released from a North Jersey hospital and entered Park Crescent on March 28, 2014. Approximately two weeks into his stay, Snyder advised a hospital social worker who had followed up after Snyder’s discharge that he’d asked for – but not yet received – the services of an ASL interpreter at Park Crescent.
The hospital social worker then contacted a services coordinator at Park Crescent, and also faxed over to Park Crescent a referral list of ASL interpreters. After two days passed without further contact, the same hospital social worker called the facility again, and was told that Park Crescent management had not yet authorized the expenditure required to hire an ASL interpreter. While Snyder did not receive an ASL interpreter for treatment during his stay, Park Crescent ultimately did hire an ASL interpreter for a meeting with Snyder and his sister on the last day of his stay to go over his discharge instructions.
The hospital social worker, who had previously interacted with Snyder in a series of one-hour sessions, as well as a number of videophone calls, told Division investigators that Snyder had difficulty communicating without a trained ASL interpreter. She also told investigators that, without ASL, “it is impossible for (Snyder) to understand and convey an understanding of his medical condition, treatment and history.”
Snyder’s sister told Division investigators the same thing, noting that not having an ASL interpreter caused Snyder to experience confusion and anxiety, and that his comprehension was often “blurry and sketchy” when left to use only the written word to communicate.
The settlement announced today contains the following provisions:
When an interpreter is needed, Park Crescent will provide qualified sign language interpreters to patients and companions who are deaf and whose primary means of communication is sign language, and qualified oral interpreters to such patients and companions who rely primarily on lip reading as needed for effective communication.
The settlement cites numerous examples of communication complex or lengthy enough to potentially warrant interpreter services, including: discussion of a patient’s medical condition, medications and medical history, medical diagnosis and treatment options; the obtaining of informed consent, and communication during actual testing or treatment.
Supervising Investigator Lorraine LeSter and Deputy Attorney General James Michael, assigned to the Division of Law’s Civil Rights Section, handled the Park Crescent matter on behalf of the State.
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