VIA EMAIL and FIRST CLASS MAIL
Steve A. Schwarm, Deputy General Counsel
SCL Health
17501 West 98th Street, Suite 25-33
Lenexa, KS66219
Steve.schwarm@sclhs.net

Re: Saint Joseph Hospital and SCL Health D.J. No. 202-13-314

Dear Mr. Williams:

As you know, the United States Department of Justice (“Department”) is investigating Saint Joseph Hospital and SCL Health, the parent corporation, under title III of the Americans with Disabilities Act of 1990 (ADA).SCL Health currently has five hospitals in Colorado¹:

• Saint Joseph Hospital, Denver, Colorado;
• Good Samaritan Medical Center, Lafayette, Colorado;
• Lutheran Medical Center, Wheat Ridge, Colorado;
• St. Mary Hospital and Medical Center, Grand Junction, Colorado; and
• Platte Valley Medical Center, Brighton, Colorado;

 three hospitals in Montana:

• St. James Healthcare, Butte, Montana;
• St. Vincent Healthcare, Billings, Montana;
• Holy Rosary Healthcare, Miles City, Montana; and

Over 100 clinics², including three indigent care/safety net clinics in Colorado, Kansas, Montana and Wyoming.Some clinics are operated by SCL Health’s medical provider services entity and others are considered provider-based clinics that operate as clinic departments of the hospital.

This investigation is in response to a complaint we received from an individual who was referred for treatment by the Veterans Administration to Saint Joseph Hospital in Denver, Colorado.The complainant alleges that on June 5, 2017, he was denied access to the respiratory clinic at Saint Joseph Hospital for a scheduled appointment because he uses a service dog for PTSD and an anxiety disorder. The United States is authorized to investigate complaints and to bring civil actions enforcing Title III of the ADA. 42 U.S.C. 12188(b).

The ADA requires hospitals and health care providers, such as Saint Joseph Hospital and SCL Health, to make reasonable modifications in policies, practices, and procedures when necessary to provide persons with disabilities access to their goods, services, facilities, and accommodations.42 U.S.C. § 12182(b)(2)(A)(ii); 28 C.F.R. §36.302(a).The ADA specifically requires that public accommodations make reasonable modifications in policies, practices, and procedures to permit the use of service animals by people with disabilities.28 C.F.R. § 36.302(c).

We appreciate your ongoing cooperation to resolve this matter and, specifically, your independent, immediate response to address this violation of the ADA following notification on June 5, 2017 by the complainant of the discrimination.After reviewing the information gathered during our investigation, we propose to resolve this complaint and close our investigation if, within 90 days of the date of this letter, SCL Health provides us with evidence that it has completed the following actions:

1. Distribute the SCL Service Animal Policy for People with Disabilities to all SCL managers, employees, associates, volunteers, and affiliated health care professionals who interact with the public at all SCL hospitals, clinics, care sites, and medical group provider sites (referenced in Attachment A to this letter), and at any new SCL Health care sites that are opened within six months of the date of this letter.
2. Include the Service Animal Policy for People with Disabilities in all SCL operations manuals, and post the policy on its websites.
3. Develop a schedule to continue to provide training to staff on the requirements of the ADA and appropriate ways of serving persons with disabilities who use service dogs.SCL will use the SCL Service Animal Policy for People with Disabilities, and will consult with individuals with disabilities, in developing or obtaining the ADA training program.  The training program will include a review of the Department’s technical assistance document, Frequently Asked Questions About Service Animals and the ADA, available at: https://archive.ada.gov/regs2010/service_animal_qa.html.This training shall be provided to all SCL managers, employees, associates, volunteers, and affiliated health care professionals who interact with the public at all SCL hospitals, clinics, care sites, and medical group providers within six (6) months, and subsequently as refresher training at intervals consistent with other types of refresher training provided to staff.
4. Continue to take corrective or disciplinary action against managers, employees, associates, volunteers, and affiliated health care professionals who do not comply with SCL Health’s policies on serving individuals with disabilities that is commensurate with the type of corrective or disciplinary action taken for noncompliance with a comparable policy that SCL Health has adopted to comply with federal, state, or local laws.
5. Post a notice in conspicuous locations in each SCL Health hospital and clinic, SCL care site and medical group provider site informing employees, associates and volunteers, and affiliated health care professionals that SCL Health does not discriminate based on disability, including for individuals with disabilities who use service dogs.Post an additional notice in each SCL Health hospital and clinic in a location conspicuous to the public informing individuals that SCL Health does not discriminate based on disability and provide, on the same notice, contact information for individuals with disability-related concerns.
6. Within ten (10) days of date of this letter, send to the complainant, return receipt requested, the release form attached hereto as Attachment B.Within fifteen (15) days of receiving the signed release form, compensate the complainant in D.J. 202-13-314 by sending the complainant a certified check made payable to the order of the complainant in the amount of two thousand five hundred dollars ($2,500.00), via certified mail to the name and address provided by the United States.

To document compliance with the ADA requirements outlined above, a report showing that all actions have been taken is required within six (6) months of the date of this letter.The report shall include copies of policies, training programs and materials, the check payable to the complainant, and photographs of the posted notices, including information that identifies the location of each notice by facility (hospital or clinic) name and room number or area.

This offer of informal resolution is limited to the allegations of the above-referenced complaint, as described above, and does not address the resolution of any other violations of the ADA or any other federal law that may exist or arise, including any that may exist or arise in connection with ADA complaint D.J. 202-13-314.

If the Saint Joseph Hospital and SCL Health are willing to resolve the above-referenced complaint by taking the actions outlined above, please provide written confirmation by signing this letter in the space provided below and return it to us via email to me at beth.esposito@usdoj.gov within 10 business days after the date of this letter.If you have any questions or would like to discuss this offer, please call me within that same time frame so that we can discuss this proposal.You may contact me by email at the address noted above.

Thank you, again, for your cooperation.

Sincerely,

/s/

Beth A. Esposito
Attorney
Disability Rights Section
beth.esposito@usdoj.gov

Confirmation of Letter Agreement

SCL Health, the parent organization of Saint Joseph Hospital, seven additional hospitals, and more than 100 clinics, SCL care sites and medical group provider sites across Colorado, Montana, Kansas, and Wyoming, including Colorado licensed Community Clinics and Emergency Centers (“CCECs”) will take the actions outlined in this letter, within the timeframes specified, to resolve ADA complaint DJ# 202-13-314.  The person signing below represents that he is authorized to make this commitment on behalf of SCL Health hospitals and clinics.

Date: 8/9/18

Signature/Title: /s/

Attachment A
D.J. No. 202-13-314
SCL Hospitals, Care Sites, and Medical Group Provider Addresses