| The healthcare environment is a highly technical and specialized field. Our professional staff has extensive experience in healthcare-related accessibility issues. As members of ASHE, we work closely with healthcare directors of plant operations, architects, builders in ensuring facility compliance with the ADA and other related and applicable codes and regulations, including the different local and state life safety and building codes that may apply, as well as the standards of accrediting and private and quasi-public regulatory and standard setting agencies such as JACHO Environment of Care standards.
Healthcare directors of plant operations, architects and builders must work ensure that any construction, addition, or alteration to a healthcare facility is in compliance with all accessibility codes and guidelines. Conflicts can arise between these accessibility requirements and state and local regulations or other relevant standards. Reconciling these conflicts requires the sort of cross-pollinating experiences that our certified healthcare accessibility consultants bring to a project. Often, an unspecialized approach either produces recommendations that do not comply with the highest applicable requirements or result in recommendations to owners which exceed what they are required to actually do. A trained eye and mind are key to navigating through this typically narrow path toward the right solution to particular problems. Narrowly tailoring the right solution to a particular accessibility problem can have far reaching economic advantages in the expensive world of healthcare construction. Getting the right advice is critical. We invite you to give us an opportunity to provide your DPO, COO and CFO with a presentation of our services and sample work product and to answer any questions they may have. If you would like further information regarding our services or would like to find out how we can assist you please call Richard Londono Toll Free at 888-768-7788 Ext. 323 or email request to rlondono@adaag-consulting.com
Regulations
and Enforcement Overview:
The Department of Justice, Office for Civil Rights (OCR) within the U.S. Department of Health and Human Services (DHHS) is responsible for enforcing the nondiscrimination requirements of Title I, II and III of the Americans with Disabilities Act (ADA) of 1990, Section 504 and 508 of the Rehabilitation Act of 1973, as they apply to covered entities under the jurisdiction of OCR. Healthcare providers receiving Medicare and/or Medicaid disbursements from the Federal Government must comply with the requirements of Title II by developing an ADA Title II Transition/Implementation Plan and with the requirements of Title III of the ADA 28 CFR 36. The following is an example of covered entities/facilities: Hospitals, Medicaid and Medicare Providers, Physicians and other health care professionals in private practice with patients assisted by Medicaid, Family Health Centers, Alcohol and Drug Treatment Centers, Nursing Homes, Day Care Centers, Senior Citizen Centers, Nutrition Programs, among others. A healthcare provider must identity all architectural barriers in its facilities which are owned, controlled and/or maintained by the provider and develop an ADA Transition/Implementation Plan. Individuals with a disability may file a complaint with the Attorney General or file a private lawsuit. Where appropriate, and to the extent authorized by law, the use of alternative means of dispute resolution is encouraged. Remedies are the same as available under Title II of the Civil Rights Act of 1964. Courts may order a healthcare provider to make facilities accessible, provide auxiliary aids or services, modify policies, and pay attorneys' fees and costs. Courts may also award money damages and impose civil penalties in lawsuits filed by the Attorney General and possible Medicare and/or Medicaid disbursement delays to the provider. |