The U.S. Justice Department filed a complaint Thursday alleging Johns Hopkins Health System violated the Americans with Disabilities Act when it denied people with dementia, hearing issues and other disabilities assistance from a family member or aide during a hospital visit.
The alleged violations occurred from October 2020 to May 2023, when Hopkins for the first time instituted restrictions due to the coronavirus pandemic but didn’t follow its own policies for those who were disabled.
Federal officials also proposed a consent decree, which is a formal court-enforceable plan for improvement, in the U.S. District Court for Maryland. Under the terms of the consent decree, Hopkins agrees to pay $150,000 to compensate multiple affected individuals and update its policies for support persons to ensure ADA compliance.
“Patients with disabilities deserve equal access to healthcare,” said Erek L. Barron, U.S. Attorney for Maryland, in a statement.
“Appropriate medical care often requires them to be accompanied by essential support persons,” the statement continued. “Johns Hopkins’ recommitment to meeting the needs of its patients with disabilities and ensuring that they are treated with dignity and respect is a welcome outcome of this agreement.”
The complaint said the Hopkins policies spanned five Hopkins-run hospitals, including two in Baltimore, plus doctor’s offices. But it cites people visiting the Johns Hopkins Hospital emergency department. The patients needed assistance in communicating or understanding what was happening or following medical instructions.
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Specifically, the complaint cites a young adult with intellectual disabilities taken to Johns Hopkins Hospital after a suicide attempt. It says her support person, her mother, wasn’t allowed to assist her in the emergency department or psychiatric unit. She “felt anxious, overwhelmed and confused, did not understand the discharge instructions and so could not follow all of them.”
Another patient cited was hard of hearing, and when she went to the emergency department for pain from a bacterial infection, Hopkins officials tried to exclude her support person, her wife, who helps her communicate. The wife was eventually allowed to accompany her, but the complaint says Hopkins staff kept challenging the patient’s need for assistance.
A third was elderly woman with dementia in the emergency department for a head injury. Her support person, her daughter, wasn’t allowed to help the patient relay information or assist her in understanding what was happening. She was “extremely confused and agitated,” the complaint said.
A federal judge must still approve the consent decree. Hopkins officials deny the allegations.
“During the COVID-19 pandemic, Johns Hopkins Medicine maintained an unwavering focus on providing the highest levels of patient care, and we believe these allegations are without merit,” said Liz Vandendriessche, a spokeswoman, in a statement.
“During that unprecedented time, we recognized the importance of care partners for patients and had clear policies available on our hospital websites,” she said. “We remain committed to inclusive, accessible care and continuous improvement in our practices, and will provide updated trainings for our team members.”
Vandendriessche called the measures “an amicable resolution.”
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