ISTOCKPHOTO
PRACTICE MANAGEMENT
Good communication State, federal laws must be followed
BY CRYSTAL ZUZEK To give patients the best possible care, physicians must be able to communicate with them effectively, especially those who are hearing-im- paired or who have limited ability to speak English. Victoria Soto, an Austin health care attorney, says ignorance is no excuse for not complying with federal regulations on accommo- dating hearing-impaired and limited-English pa- tients. She encourages phy- sicians to develop and im- plement written procedures to help ensure compliance. When physicians open the doors to their medi- cal practices, she says, they must be able to treat limited-English patients and those with disabilities. “They can refer them to an- other physician if they can’t accommodate them, but physicians need to have a policy and a procedure for that,” said Ms. Soto, who represents physicians before the Texas Medical Board (TMB) and regularly speaks at medical conferences about compliance with antidiscrimination laws and other le- gal matters.
Not following the rules can lead to lawsuits. A McAllen physician who requested anonymity was sued by a patient who is deaf. The patient alleged discrimination under the Americans With Disabilities Act (ADA) for not paying for a sign language interpreter. The physician settled the lawsuit for $4,000.
Before being sued, the physician communicated with patients who are deaf during exams by exchang- ing written notes. The physician doesn’t mind do- nating time and money for worthy causes and regular- ly provides charitable care to indigent patients. “What I do mind is being
forced by the government to pay a fee to a sign lan- guage interpreter who is not needed or necessary,” he said.
The physician says the cost of an interpreter’s ser- vices is a financial burden on medical practices. The physician says certified sign language interpreters in the McAllen area charge $120 to accompany a pa- tient who is deaf to a visit for which Medicaid pays the physician $40. The Texas Medical As- sociation’s Policies and Procedures: A Guide for Medical Practices contains a sample customizable policy you can use to help
ensure effective communication with all patients, including hearing-impaired and limited-English patients. The policy of- fers information about services, benefits, consent forms, rights, and financial obligations to each patient in a language that he or she understands. Visit
http://bit.ly/18znX7E for more information about the guide and to order a copy. Adhering to antidiscrimination regulations in medical prac- tice is vitally important, Ms. Soto says. Patients can complain to TMB and the appropriate federal agency and sue if a phy-
November 2013 TEXAS MEDICINE 49
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