United States of America v. Franciscan St. James Health - Settlement Agreement

BACKGROUND

1. The parties (“Parties”) to this Settlement Agreement (“Agreement”) are the United States of America (“United States”) and Franciscan St. James Health (“St. James”), an Indiana non-profit corporation doing business in Illinois.

2. St. James provides comprehensive healthcare serving Illinois including hospitals in Chicago Heights, Illinois and Olympia Fields, Illinois (collectively the “Hospitals”).

3. This matter was initiated by a complaint filed with the United States against St. James, alleging violations of title III of the Americans with Disabilities Act (ADA), 42 U.S.C.  §§ 12181-12189, and its implementing regulation, 28 C.F.R. Part 36.  Specifically, the Complainant, who is deaf, (the “Complainant”) alleged that St James failed to provide sign language interpretive services when necessary to ensure effective communication.  Complainant uses sign language as her primary means of communication. 

4. Complainant, who is a resident of Florida but was visiting relatives in the Chicago area, was admitted as a patient at the Chicago Heights hospital (Chicago Heights) in September 2011.  During her four day stay, she received numerous tests and was seen by various doctors.  Complainant alleges that on multiple occasions, she requested, but was not provided, a sign language interpreter so she could communicate with Chicago Heights’ medical personnel about her condition.