The United States Department of Justice announced on September 12, 2024 that it filed a complaint and proposed consent decree in the U.S. District Court for the District of Maryland resolving allegations that the Johns Hopkins Health System Corporation (Johns Hopkins) violated the Americans with Disabilities Act (ADA) by denying people with disabilities equal access to medical care by excluding their necessary support persons.
Some individuals with dementia, intellectual disabilities, autism spectrum disorder and other disabilities may require the assistance of a support person (such as a family member, personal assistant, or other individual knowledgeable about them) when accessing medical care. Support persons can help individuals with disabilities to communicate, such as providing their medical history and answering questions, and to understand what is happening, such as medical instructions they are given during their care and discharge. The complaint alleges that Johns Hopkins failed on numerous occasions to follow its own policies for visitors and support persons by not permitting patients with disabilities to be accompanied by their support persons. As a result, these patients were unable to receive equal care.
Under the proposed consent decree, which the court must approve, Johns Hopkins has agreed to pay $150,000 to compensate multiple affected individuals. Johns Hopkins will also update its support person policies to ensure ADA compliance, train its employees on its support person policies and the ADA, and report any future complaints regarding support persons to the Justice Department. The claims resolved by the Consent Decree are allegations and not an admission of liability by Johns Hopkins.
Title III of the Americans with Disabilities Act (ADA) requires private hospitals and other health care providers to provide individuals with disabilities full and equal enjoyment of their goods and services.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division stated with regard to the announced resolution, “Patients with disabilities may need the assistance of a support person, like a family member or aide, to have equal access to health care, especially during emergencies. Policies and training go hand in hand when it comes to ensuring that health care providers and their employees are protecting patient rights and not excluding support persons improperly. Ensuring equal access to medical care is a priority for the Justice Department.”
A spokesperson for Johns Hopkins denied the allegations, calling them “without merit”: “This is an amicable resolution that allows us to move forward and continue to focus on the provision of patient care. During that unprecedented time, we recognized the importance of care partners for patients and had clear policies available on our hospital websites. We remain committed to inclusive, accessible care and continuous improvement in our practices, and will provide updated trainings for our team members.”
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