Doylestown Nursing Home Accused Of Violating Americans with Disabilities Act, Enters Settlement

A Doylestown nursing home has entered into a settlement agreement to resolve allegations it violated the Americans with Disabilities Act, according to Zane David Memeger, United States Attorney for the Eastern District of Pennsylvania.

According to information from Memeger's office, Briarleaf Nursing and Convalescent allegedly told the son of a prospective resident who was deaf that they would not be able to provide a sign language interpreter.

The man told Briarleaf that his mother would need a sign language interpreter 24 hours a day, 7 days a week but the admissions representative allegedly said that was not in the budget, Memeger's office said.

Briarleaf told officials from the U.S. Attorney's office that the nursing home administrator followed up in a subsequent call, saying they would research availability of the sign language interpreter. The complainant’s mother died before she transitioning to Briarleaf or any other nursing facility, the U.S. Attorney said.

Briarleaf has since agreed to provide residents who are deaf or hard of hearing with appropriate auxiliary aids and services, including qualified interpreters, when necessary to ensure effective communication, Memeger's office said.

In addition, the settlement agreement requires Briarleaf to assess residents’ communications needs during the admission process, maintain records of interpreter requests, contract with a third-party interpreter service, post signs at the facility, provide training to personnel, and publish a policy statement about effective communication.

"After the United States requested information from Briarleaf during its investigation, Briarleaf voluntarily took steps to train the facility’s personnel, contract with an interpreter service, and establish a communication policy," according to the U.S. Attorney's office.

Briarleaf must also provide an annual written report to the U.S. Attorney’s office regarding the status of its compliance during the agreement’s two-year term, and to notify the U.S. Attorney’s Office of any complaints that the facility failed to provide auxiliary aids and services to residents or companions who are deaf or hard of hearing.

Briarleaf did not admit liability, and the settled civil claims are allegations only.

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