SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
MEDICAL SPECIALISTS OF THE PALM BEACHES, INC.

DJ # 202-18-283

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I. BACKGROUND

1. The parties to this Settlement Agreement (“Agreement”) are the United States of America and Medical Specialists of the Palm Beaches, Inc., (“Medical Specialists of the Palm Beaches”) located in Lake Worth, Florida.

2. The United States represents that this matter was initiated by a complaint filed with the United States Department of Justice (“the Department”) against Medical Specialists of the Palm Beaches alleging violations of Title III of the Americans with Disabilities Act of 1990, as amended (“ADA”), 42 U.S.C. § 12181- 12189, and its implementing regulation, 28 C.F.R. Part 36.

3. The United States is authorized to investigate alleged violations of Title III of the ADA, and to bring a civil action in federal court if the Department is unable to secure voluntary compliance in any case that involves a pattern or practice of discrimination or that raises issues of general public importance, 42 U.S.C. § 12188 (b). Medical Specialists of the Palm Beaches is a professional office of a health care provider and is a 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 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); 28 C.F.R. § 36.201(a). Ensuring that medical centers do not discriminate against persons with physical disabilities is an issue of general public importance.

5. Medical Specialists of the Palm Beaches provides general medical care as well as diagnostic imaging services. The complainant, [redacted], uses a wheelchair and alleges that she was denied full and equal access to the services provided by Medical Specialists of the Palm Beaches because of her physical disability. Specifically, [redacted] contends that Medical Specialists of the Palm Beaches denied her an opportunity to be weighed at the office. [redacted] also contends that on a different occasion, when she sought diagnostic services at Medical Specialists of the Palm Beaches, Medical Specialists of the Palm Beaches told her that they would only transfer her on that day and the staff would not transfer her again in the future. The Respondent, Medical Specialists of the Palm Beaches, denies the allegations in the complaint. In response to the complaint, the Respondent voluntarily obtained two Hoyer lifts and has voluntarily agreed to purchase an accessible scale.

The parties have determined that Department of Justice Matter Number 202-18-283 can be resolved without further federal enforcement action or litigation and have prepared and agreed to the terms of this Agreement. In consideration of the terms of this Agreement, the United States agrees to refrain from undertaking further investigation or from filing a civil suit in this action, except as provided in paragraph 12 below.

II. TERMS OF THE AGREEMENT

6. Within thirty (30) days of the effective date of this Agreement, Medical Specialists of the Palm Beaches agrees to provide an accessible scale integrated in a patient lift at its medical office located at 5401 South Congress Avenue Atlantis, Florida 33462.

7. Within thirty (30) days of the effective date of this Agreement, Medical Specialists of the Palm Beaches will adopt and implement the Non-Discrimination Policy (attached as Exhibit A) in its offices.

8. Within sixty (60) days of the effective date of this Agreement, Medical Specialists of the Palm Beaches will post, maintain and refresh, as necessary, the Non-Discrimination Policy in conspicuous locations in its offices, including waiting room, patient examination rooms and employee work areas. Medical Specialists of the Palm Beaches will post and maintain a hyperlink to the Non-Discrimination Policy on the home page of its website at http://www.mspb.md.

9. Within six (6) months of the effective date of this Agreement, all Medical Specialists of the Palm Beaches staff, including but not limited to doctors, nurses, technicians, receptionists, imaging and administrative staff shall attend a training session on the requirements of Title III of the ADA as they apply to health care facilities, including the requirements of the Non-Discrimination Policy. Medical Specialists of the Palm Beaches will provide the Department with a plan outlining the dates and locations for the training sessions. Medical Specialists of the Palm Beaches may rely on the technical assistance manual in order to provide training to its staff.

1. The training may be tailored to the duties performed by specific employees or classes of employees (i.e., doctors, nurses, technicians, receptionists, imaging and administrative staff, etc.);
2. The training will include the proper techniques for assisting individuals with mobility disabilities to transfer to the examination or imaging table;
3. Medical Specialists of the Palm Beaches will incorporate this curriculum into its routine new employee orientation for all future employees who will have contact with patients and the public; and
4. Medical Specialists of the Palm Beaches will maintain training sign-in sheets for each training session conducted and will maintain a list of all employees, including job titles, who receive this training pursuant to Paragraph 9.

III. ENFORCEMENT

10. Within six (6) months of the effective date of this Agreement, Medical Specialists of the Palm Beaches shall file a report with the Department reporting on its compliance with the actions described in paragraphs 6-9 above. The report shall include the following: (1) a receipt and pictures of the scale integrated in the patient lift, as referenced in Paragraph 6; (2) documentation, including representative photographs, that confirm the posting and publication of the Non-Discrimination Policy in conspicuous locations in Medical Specialists of the Palm Beaches offices, including waiting rooms, patient examination rooms, employee work areas and on its website, as referenced in Paragraphs 7 and 8; (3) the date(s) of the ADA training session(s), including sign-in sheets that list the names and job positions of the training attendees and the name(s) of the instructor (s), as referenced in Paragraph 9. The report shall be sent by fax or overnight mail to:

Janine Freeman
Trial Attorney
United States Department of Justice
1425 New York Avenue, NW
Washington, DC 20005

11. During the term of this Agreement, Medical Specialists of the Palm Beaches will notify the Department if any individual brings any lawsuit, complaint, charge, or grievance alleging that the Medical Specialists of the Palm Beaches failed to provide any aid or service to an individual with a disability. Such notification must be provided in writing via certified mail within fifteen (15) days of the day when Medical Specialists of the Palm Beaches has received oral or written 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 the Medical Specialists of the Palm Beaches or any of its agents or representatives relevant to the allegation.

12. The Department may review compliance with this Agreement at any time. If the Department believes that the Medical Specialists of the Palm Beaches has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department for a modification of the relevant terms, the Department will so notify the Medical Specialists of the Palm Beaches in writing, and will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within thirty (30) days of the date it provides notice to the Medical Specialists of the Palm Beaches, 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 the law.

13. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the Medical Specialists of the Palm Beaches to fail to comply in a timely manner with any of the requirements in this Agreement without obtaining sufficient advance written agreement with the Department for an extension of the relevant time frame imposed by the Agreement.

14. Failure by the Department to enforce this Agreement with regard to any deadline or any other provision herein shall not be construed as a waiver of the Department’s right to enforce other deadlines and provisions of this Agreement.

15. This Agreement shall be binding on the Department and on the Medical Specialists of the Palm Beaches and its agents, employees, shareholders, partners, and associates. In the event the Medical Specialists of the Palm Beaches seeks to transfer or assign all or part of its interest in any entity covered by this Agreement, and the successor or assignee intends to carry on the same or similar use of the entity, as a condition of sale, the Medical Specialists of the Palm Beaches shall obtain the written accession of the successor or assign to any obligations remaining under this Agreement for the remaining term of this Agreement.

16. This Agreement constitutes the entire agreement between the Department and the Medical Specialists of the Palm Beaches on the matters 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 the Medical Specialists of the Palm Beaches to comply with all aspects of the ADA.

17. This Agreement will remain in effect for two (2) years from its effective date.

18. The person signing this Agreement for the Medical Specialists of the Palm Beaches represents that he is authorized to bind the Medical Specialists of the Palm Beaches to this Agreement.

19. The effective date of this Agreement is the date of the last signature below.

Agreed and consented to: