In the hot seat over your exam chair

Recently, the Department of Justice investigated an optometric practice after a patient leveled a complaint that she had been denied equal access to an eye examination.

The case appeared to be heading for an agreeable resolution, but it might raise some questions for practices. How accommodative is your practice?

The Americans with Disabilities Act (ADA) prohibits discrimination in public accommodations against individuals with disabilities.

About the ADA complaint

The patient, who uses a mobility device, alleged the practice’s pre-examination room lacked an accessible examination chair. And the practice did not provide “reasonable assistance” to safely transfer her from her vehicle to the exam chair.

After a site visit, the justice department concluded the practice had since “fully” complied with its obligations under the ADA (Title III) but offered the option to resolve the case expeditiously.

The department offered to close the investigation if the practice agreed to:

• Develop a policy ensuring disabled individuals with mobile disabilities (in this case, a wheelchair) have equal access to eye examinations. The policy, which must be approved by the DOJ, should cover exam chairs, transfers, exam equipment and scheduling.
• Train practice personnel annually on how to assist patients with disabilities.
• Pay $2,000 in relief.

Other factors in the case were that the exam room set-up did not accommodate a wheelchair. The knee clearance was too low, so the patient had to be transferred to a chair for an examination. Further, the exam chair was not designed to be accessible for someone with disabilities.

Also, it’s worth noting that there was not a separate civil demand from an attorney for the complainant, as you would expect to see in a “sting” operation. In those cases, demand is typically for a larger sum.

What’s the law?

Doctors’ offices are considered places of public accommodation under the ADA and must take steps to ensure that they are accessible to people suffering from disabilities. Disabled individuals must be able to use the facilities just as an able-bodied person can.

What should a doctor of optometry do if they receive an ADA complaint?

• Notify your insurer to see if you have coverage.
• If it doesn’t have coverage, a practice should notify its attorney.
• Respond through the attorney.
• Assess the complaint, settle and make changes. Your attorney (whether your own or a lawyer designated by the insurance company) will advise you.

In the meantime, practices should assess their office setup and procedures to ensure they are ADA compliant. Further, ask your insurance broker about insurance for third-party ADA claims.