SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA
AND DANBURY HOSPITAL

BACKGROUND

1. The parties to this Settlement Agreement (“Agreement”) are the United States of America, and Danbury Hospital, which owns and/or operates the Morganti Wound Care Center (hereinafter “Morganti”). Morganti is an outpatient department of Danbury Hospital, located at 24 Hospital Ave, Danbury, Connecticut. Danbury Hospital is a not for profit entity.
2. This matter was initiated by a complaint filed with the United States Department of Justice (the “Department”), and investigated by the United States Attorney’s Office for the District of Connecticut (“USAO”), against Morganti under Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12181-12189. The Attorney General is authorized under Section 308(b)(1) of the ADA, 42 U.S.C. § 12188(b)(1), to investigate complaints and bring a civil action under Title III where a pattern or practice of discrimination is believed to exist or where a matter of general public importance is raised.
3. Morganti provides outpatient wound care services to members of the public, and its facilities are places of public accommodation covered by Title III of the ADA, 42 U.S.C. § 12181(7)(F), and its implementing regulation, 28 C.F.R. § 36.104.
4. The ADA prohibits discrimination against individuals on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of places of public accommodation. 42 U.S.C. §12182(a); 28 C.F.R. § 36.201(a). It is an issue of public importance to ensure that public accommodations, which own, operate, lease, or lease to medical centers or other professional offices of health care providers, do not discriminate against persons with disabilities, including persons with mobility impairments.
5. Morganti’s outpatient clinic provides services to patients with complex conditions, requiring recurring visits. It provides these services by appointment only.
6. The complainant, who uses a wheelchair, alleged in April 2019 that he was denied full and equal access to the services provided by Morganti based on his disability, when he attempted to receive treatment for his bedsore during a scheduled appointment. Because of his disability, the complainant needed assistance to transfer from his wheelchair to the examination table using a Hoyer lift. Complainant alleges that: (1) Morganti staff informed him that they did not have equipment available to transfer him to the examination table, (2) he was not transferred, and (3) he was told he had to reschedule his appoint and return using an ambulance service (“Complaint”).
7. The Parties agree and mutually acknowledge that this Agreement is for settlement purposes only. Danbury Hospital has denied and continues to deny any wrongdoing in connection with the Complaint. Neither this Agreement nor any action taken pursuant to this Agreement shall constitute an admission of any wrongdoing, fault, violation of law, or liability of any kind on the part of Danbury Hospital, or an admission by Danbury Hospital of any claim or allegations made in the Complaint. The parties agree that it is in their best interest, and the United States believes that it is in the public interest, to resolve this matter through this Agreement.  The parties have therefore voluntarily entered into this Settlement, agreeing as follows:

TERMS OF AGREEMENT

8. Within 120 days of the effective date of this Agreement, Morganti will adopt and incorporate the Non-Discrimination Policy (attached as Exhibit 1) into its existing policies and post it in conspicuous locations in all of its offices. Morganti will also post and maintain a hyperlink to the Non-Discrimination Policy on the home page of its website.
9. Morganti will ensure that individuals with mobility disabilities, as defined by applicable law, are afforded equal access to its facilities and services. Morganti will also train all staff who interact with patients on the requirements of Title III of the ADA as they apply to healthcare facilities and on techniques for safely assisting individuals with mobility disabilities to transfer to examination tables. In addition, Morganti will incorporate the above training into its new employee orientation for all future Morganti employees who will have contact with Morganti patients.
10. To ensure that it provides individuals with mobility disabilities, as defined by applicable law, equal access to its services and facilities, Morganti will have staff available to safely assist individuals with mobility disabilities with transferring to examination tables at all times when its facilities are accepting patients. In addition, Danbury Hospital represents that it has taken steps to ensure that each of its outpatient facilities has and will maintain access to a Hoyer lift, or has implemented other practices to safely transfer a patient onto examination tables, or other equipment.
11. Within 14 days of the effective date of this Agreement, Danbury Hospital will offer to pay compensatory damages to the complainant in the amount of $10,000, subject to his execution and return of a release (attached as Exhibit 2). Within 30 days of receipt of the executed release, Danbury Hospital shall send, by U.S. Mail, return receipt requested or by overnight delivery, a check for $10,000.00 to the complainant.
12. Should the complainant choose to seek treatment, testing, or any other services at Morganti, Morganti will not engage in any retaliatory conduct towards complainant as a result of his filing a complaint with the Department, participation in the investigation process, or receipt of compensatory damages.
13. In consideration of the terms of this Agreement, the Department agrees to close its investigation of this matter, DJ# 202-14-262, except as provided in Section C, below.

IMPLEMENTATION AND ENFORCEMENT

14. Within twelve (12) months of the effective date of this Agreement, Danbury Hospital shall send a report, by email to the undersigned counsel, documenting its compliance with the actions described in Section B, above. The report shall include identification of the make, model, and pictures of any purchased or leased equipment for lifting or transferring.
15. During the term of this Agreement, Danbury Hospital will notify the United States Attorney’s Office for the District of Connecticut (“USAO”) if any individual brings any lawsuit, complaint, charge, or grievance alleging that it failed to provide any aid or service to an individual with a mobility disability at Morganti. Such notification must be provided in writing within thirty (30) days of the day when either entity has received notice of the allegation and will include, at a minimum, the nature of the allegation, the name of the individual making the allegation, and any documentation possessed by Danbury Hospital, Morganti, or any of its agents or representatives relevant to the allegation.
16. The Department and USAO may review compliance with this Agreement at any time during the term of this Agreement. If the Department or USAO believes that this Agreement or any of its requirements has been violated, it may institute a civil action in federal district court to enforce this Agreement or the requirements of Title III, following written notice to Danbury Hospital of possible violations, and, a period of 180 days in which Danbury Hospital has the opportunity to cure the alleged violations.
17. Failure by the Department or USAO to enforce this entire Agreement or any of its provisions or deadlines shall not be construed as a waiver of the Department’s or the USAO’s rights to enforce other deadlines and provisions of this Agreement.
18. This Agreement shall be binding on the agents, employees and successors of Danbury Hospital, including employees of affiliated outpatient clinics. In the event that Danbury Hospital, seeks to transfer or assign all or part of its interest in Morganti’s outpatient services, and the successor or assign intends on carrying on the same or similar use of the practice, as a condition of sale, and shall obtain the written accession of the successor or assign to any obligations remaining under this Agreement for the remaining term of this Agreement.
19. This Agreement constitutes the entire agreement between the parties on the matters raised here, 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, amend, or decrease the continuing responsibility borne by Danbury Hospital to comply with all aspects of the ADA.
20. 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 Department or USAO and Danbury Hospital 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.
21. This Agreement will remain in effect for two (2) years from its effective date.
22. The person signing this Agreement for Danbury Hospital represents that he/she is authorized to bind Danbury Hospital, Morganti, its named affiliates, and employees to this Agreement.
23. The effective date of this Agreement is the date of the last signature below.