SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
DRX NORWALK, P.C.
d/b/a
AFC URGENT CARE NORWALK
DJ # 202-14-244

BACKGROUND AND PARTIES

1. The parties to this Settlement Agreement (the “Agreement”) are the United States of America and DRX Norwalk, P.C. d/b/a AFC Urgent Care Norwalk (hereinafter “DRX Urgent Care” and together with the United States, the “Parties”).
2. The United States is authorized to investigate alleged violations of Title III of the Americans with Disabilities Act (“ADA”), to use alternative means of dispute resolution, where appropriate, including settlement negotiations to resolve disputes, and to bring a civil action in federal court in any case that involves a pattern or practice of discrimination or that raises an issue of general public importance.  42 U.S.C. §§ 12188(b), 12212; 28 C.F.R. §§ 36.502, 36.503, 36.506.
3. The United States initiated its investigation of DRX Urgent Care after receiving a complaint alleging that DRX Urgent Care violated Title III of the ADA, 42 U.S.C. §§ 12181-12189, and the regulation implementing Title III, 28 C.F.R. Part 36.  Specifically, the complaint alleges that DRX Urgent Care refused to provide a school physical for the complainant’s child on the basis of the child’s medical complexity due to his developmental disabilities.
4. Title III of the ADA prohibits public accommodations from discriminating against an individual on the basis of disability in the full and equal enjoyment of its goods and services.  42 U.S.C. §§ 12182(a).  The DRX Urgent Care facility is a place of public accommodation covered by Title III of the ADA because it is a “professional office of a healthcare provider, hospital, or other service establishment.”  42 U.S.C. § 12181(7)(F); 28 C.F.R. § 36.104.  DRX Urgent Care, which is a private entity that owns, operates, leases or leases to the DRX Urgent Care facility, is thus a public accommodation subject to the requirements of Title III of the ADA.  42 U.S.C. § 12181(7)(F); 28 C.F.R. § 36.104.
5. Title III of the ADA mandates that “[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.”  42 U.S.C. § 12182(a); 28 C.F.R. § 36.201(a).
6. Title III defines discrimination to include “the imposition or application of eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, or accommodations, unless such criteria can be shown to be necessary for the provision of the goods, services, facilities, privileges, advantages, or accommodations being offered.”  42 U.S.C. § 12182(b)(2)(A)(i); 28 C.F.R. § 36.301.
7. A healthcare provider may not deny services to an individual on the basis of a disability.  42 U.S.C. § 12182(b)(2)(A)(i); 28 C.F.R. § 36.301.  Ensuring that medical care providers do not discriminate on the basis of disability is an issue of general public importance.  42 U.S.C. § 12188(b).
8. 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.

REMEDIAL ACTIONS TO BE TAKEN BY DRX URGENT CARE

9. Consistent with the ADA, DRX Urgent Care will not discriminate against any individual by imposing or applying eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, or accommodations, unless DRX Urgent Care can show that such criteria is necessary for the provision of the goods, services, facilities, privileges, advantages, or accommodations being offered.  42 U.S.C. § 12182(b)(2)(A)(i); 28 C.F.R. § 36.301.
10. Within thirty (30) days of the effective date of this Agreement, DRX Urgent Care will submit for approval to the United States a nondiscrimination policy, which codifies the requirements of this Agreement and outlines a patient grievance process.  Within thirty (30) days of approval of the nondiscrimination policy by the United States, DRX Urgent Care shall adopt the nondiscrimination policy. 
11. Within sixty (60) days of the effective date of this Agreement, DRX Urgent Care shall post in the reception or waiting area and wherever a Patient’s Bill of Rights is required by law to be posted the nondiscrimination policy described in paragraph 10 and a link to the policy shall be made available on the home page of www.afcurgentcarenorwalk.com.  If at any time DRX Urgent Care changes its website domain name, it shall include a link to the nondiscrimination policy on the home page of the new website.
12. Within sixty (60) days of the effective date of this Agreement, and annually thereafter, DRX Urgent Care will provide mandatory ADA training for all employees, staff members, and other individuals who interact with patients at DRX Urgent Care.  Such training, which can be provided by a third-party, will include the general nondiscrimination terms of the ADA, the provision of auxiliary aids and services, including, but not limited to identifying the communication needs of individuals who are deaf or hard of hearing and the provision of interpreters, and any other applicable requirements of this Agreement.
13. DRX Urgent Care will notify the United States in writing when it has completed the actions described in paragraphs 10–12.  If any issues arise that affect the anticipated completion dates set for such actions, DRX Urgent Care will immediately notify the United States of the issue(s).  All information provided pursuant to the above reporting requirements under this Agreement should be provided to the United States at the following address:

Jessica Soufer
Assistant U.S. Attorney
United States Attorney’s Office
157 Church Street
New Haven, CT 06510

MONETARY RELIEF

14. Within fourteen (14) days of DRX Urgent Care’s receipt of an executed release of the complainant’s claims against DRX Urgent Care, DRX Urgent Care agrees to make a payment of $2,500 to the complainant.  DRX Urgent Care will make the payment by check payable to the complainant and will mail the payment to the address listed in Paragraph 13 of this Agreement. 

ENFORCEMENT

15. In consideration for the Agreement set forth above, the United States will not institute a civil action alleging discrimination under the ADA based on the allegations raised in DJ # 202-14-244, except as provided in Paragraph 16 of this Agreement.
16. The United States may review compliance with this Agreement at any time.  If the United States believes that DRX Urgent Care has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement of the United States for a modification of the relevant terms, the United States will so notify DRX Urgent Care in writing, and will attempt to resolve the issue or issues in good faith.  If the United States is unable to reach a satisfactory resolution of the issue or issues raised within thirty (30) days of the date it provides notice to DRX Urgent Care, it may institute a civil action in federal district court to enforce the terms of this Agreement or Title III and may, in such action, seek any relief available under law.
17. Failure by the United States to enforce this Agreement with respect to any deadline or other provision herein will not be construed as a waiver of the United States’ right to enforce other deadlines and provisions of this Agreement.
18. If any term of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect, provided, however, that if the severance of any such provision materially alters the rights or obligations of the Parties, the United States and DRX Urgent Care shall engage in good faith negotiations in order to adopt mutually agreeable amendments to this Agreement as may be necessary to restore the Parties as closely as possible to the initially agreed upon relative rights and obligations.
19. This Agreement constitutes the entire agreement between the United States and DRX Urgent Care on the matter raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement shall be enforceable.  This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law.  This Agreement does not affect the continuing responsibility of DRX Urgent Care to comply with all aspects of the ADA.
20. DRX Urgent Care shall not discriminate or retaliate against any person because of his or her participation in this matter.
21. A signatory to this document in a representative capacity for DRX Urgent Care represents that he or she is authorized to bind DRX Urgent Care to this Agreement.
22. This Agreement shall be binding on DRX Urgent Care, its agents and employees.
23. This Agreement will remain in effect for three years following the effective date of this agreement.  Notwithstanding the term of this Agreement, DRX Urgent Care acknowledges it has ongoing obligations to comply with Title III.
24. The effective date of this Agreement is the date of the last signature below.