SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND MOUNTAIN STATES HEALTH ALLIANCE UNDER THE ADA

BACKGROUND

1. The parties to this Settlement Agreement are the United States of America and Mountain States Health Alliance (“MSHA”).

2. MSHA is a corporation that owns, controls, and/or operates numerous healthcare facilities in Tennessee and Virginia.  Johnson City Medical Center (“JCMC”) is one of the numerous facilities that MSHA owns and operates. 

3. This matter was initiated by a complaint filed against MSHA alleging violations of Title III of the Americans with Disabilities Act of 1990 (“ADA”), as amended, 42 U.S.C. §§ 12181-12189, and its implementing regulation, 28 C.F.R. Part 36.  Specifically, Christopher and Donna Cantrell (“the Cantrells”), individuals who are deaf, alleged that JCMC personnel failed to provide effective communication with them during the times that their adult daughter, Sydnei Cantrell, was being treated at JCMC for high-grade Burkitt’s lymphoma, namely from December 10, 2014 to December 30, 2014, from January 1, 2015 to January 20, 2015, from February 4, 2015 to February 9, 2015, and from March 13, 2015 to May 19, 2015.  During these time frames, the Cantrells primarily relied on their daughter, Sydnei Cantrell, or other family members for attempted communication with MSHA personnel and MSHA Affiliated Physicians regarding their daughter’s condition, treatment, and/or prognosis, with the exception of twelve (12) occasions over the course of ten (10) days, beginning on March 19, 2015, when auxiliary aids were ultimately provided by JCMC.  JCMC denies many of the Cantrells’ allegations.

4. The parties have agreed that it is in the parties’ best interests, and the United States believes that it is in the public interest, to resolve this dispute.  The parties have therefore voluntarily entered into this Agreement, agreeing as follows: