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Consumer & business misconductNew in this edition

Kentucky dialysis communication agreement

On October 27, DOJ announced an ADA settlement following a complaint concerning communication with a deaf patient at a Lexington, Kentucky dialysis facility. DOJ said its investigation substantiated the complaint and that DaVita cooperated. The agreement says DaVita denies the allegations and is not admitting liability. DOJ describes updates to communication policies and practices, staff training and complaint reporting. The agreement describes measures for defined Kentucky facilities and provides for compensation and a civil penalty, subject to its conditions; it does not establish that those amounts have been paid.

Dialysis communication access
Illustrative artwork; not evidence of the actual people, products or events described.

The agreement highlights the importance of assessing effective communication and documenting appropriate services for patients with disabilities. Organizations should assess their own obligations and circumstances rather than assume the case-specific agreement applies to every facility.

Suggested action: Organizations can review how they assess communication needs, make appropriate services available and document follow-through on concerns. They should assess their own applicable obligations rather than treat this agreement as a mandate for every provider.

DOJ announcement | Agreement

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