HHS Office for Civil Rights Settles Complaint with New Jersey Imaging Network to Resolve a Disability Complaint Filed Under Federal Civil Rights Law

Today’s action helps to ensure individuals with mobility impairments have access to mammography examinations.

Today, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) entered into a settlement with the New Jersey Imaging Network to resolve a civil rights complaint from an individual who uses a wheelchair, and was denied mammography because of her disability, based on Section 504 of the Rehabilitation Act (Section 504) and Section 1557 of the Affordable Care Act (Section 1557), which prohibit discrimination on the basis of disability. Together, these laws protect people with disabilities from discrimination in any program or activity receiving funding from HHS. OCR finalized important updates to the rules implementing Section 504 and Section 1557 this Spring.

The agreement is the result of an investigation by OCR after receiving a complaint from a woman who used a wheelchair and was denied mammography because of her disability. The settlement ensures that New Jersey Imaging Network will comply with the law, including newly issued rules, by having processes and procedures in place to provide people with disabilities the same access to care as for those without disabilities by providing the same appointments, and ensuring access to appropriate equipment.

“Women, and all people with disabilities, are too often unable to get routine and lifesaving medical care because providers do not comply with the law. The effort necessary to train staff, have proper medical equipment, and communicate effectively with patients who have disabilities is small compared to the harm not doing so can cause,” said OCR Director Melanie Fontes Rainer. “OCR recently issued new rules that strengthen protections for people with disabilities who are seeking medical care. All medical providers receiving federal funding must comply with the law or risk an investigation from the Office for Civil Rights.”

The complaint was filed by an individual who has a mobility impairment that requires wheelchair use, and alleged that the New Jersey Imaging Network refused to perform a mammogram during the patient’s scheduled appointment because of their use of a wheelchair. After OCR conducted a thorough investigation and presented the findings to New Jersey Imaging Network, the parties agreed to enter into a voluntary settlement agreement to resolve any issues and ensure the New Jersey Imaging Network will be in compliance with civil rights laws in the future. Under the terms of the settlement, New Jersey Imaging Network will:

• Revise its existing policies and practices to make appointments available during normal business hours to all patients; document requests for mobility assistance or other reasonable accommodations; provide patients with a description of available accommodations; and notify patients of their rights under the law.
• Develop a process for individualized assessment of patients who may require reasonable accommodations.
• Train its staff on the new policies to ensure employees understand practices and procedures for interacting with and accommodating individuals with disabilities, techniques for safely assisting individuals with limited mobility to ensure their safe access to and use of medical equipment and examination tables, and The New Jersey Imaging Network’s various non-discrimination and non-retaliation obligations.
• Notify patients, staff and the public of rights and protections afforded them by federal law and how to file a discrimination disability-based complaint with HHS.

OCR will monitor the settlement action for two years. A copy of the settlement agreement can be found at https://www.hhs.gov/civil-rights/for-providers/compliance-enforcement/agreements/vra-new-jersey-imaging-network/index.html.

This action is just the latest in a series of efforts OCR has made to advance and protect the civil rights of people with disabilities. This includes the announcement of the Section 504 of the Rehabilitation Act of 1973 final rule and the Section 1557 of the Affordable Care Act final rule.

For more information on Section 504 of the Rehabilitation Act and how it protects individuals with disabilities, visit: https://www.hhs.gov/civil-rights/for-individuals/disability/index.html.

For information on the nondiscrimination provisions in Section 1557 of the Affordable Care Act, visit: https://www.hhs.gov/civil-rights/for-individuals/section-1557/index.html.

If you believe that you or someone else has been discriminated against because of a mobility impairment, on account of another disability, or on account of race, color, national origin, age, sex, or religion, please file a complaint with the HHS Office for Civil Rights at https://www.hhs.gov/civil-rights/filing-a-complaint/index.html.

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