United States of America v. The Beth Israel Deaconess Medical Center - Settlement Agreement

B. JURISDICTION

13. BIDMC is a private entity, located in the Boston, Massachusetts area, that owns and operates hospital facilities, professional offices of health care providers, and other service establishments, and its operations affect commerce. Accordingly, it is a public accommodation covered by title III of the ADA. 42 U.S.C. § 12181(7)(F), 28 C.F.R. § 36.104.

14. The ADA requires that the Department of Justice conduct periodic compliance reviews of public accommodations. 42 U.S.C. § 12188(b)(1)(A). The Department of Justice is also authorized to commence a civil action in a United States district court if it 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, and to seek injunctive relief, monetary damages, and civil penalties. 42 U.S.C. §§ 12188(a)(2) and 12188(b). In consideration for the terms of this Agreement and BIDMC's promises contained in Section C of this Agreement, the Department of Justice agrees to refrain from undertaking further investigation into or from filing civil suit in this matter at this time, except as provided in Section D below.

15. The subjects of this Agreement are BIDMC's obligations to:

• a. Modify policies, practices, and procedures when necessary in order to afford access to services and facilities to individuals with disabilities, 42 U.S.C. §§ 12182(a) & 12182 (b)(2)(A)(ii), 28 C.F.R § 36.302;

• b. Remove architectural barriers in existing facilities where such removal is readily achievable, 42 U.S.C. § 12182(b)(2)(A)(iv), 28 C.F.R § 36.304;

• c. Undertake alterations in such a manner that they are readily accessible to and usable by persons with disabilities to the maximum extent feasible, 42 U.S.C. § 12183(a), 28 C.F.R §§ 36.402 & 403;

• d. Ensure that all of its newly constructed buildings are readily accessible to and usable by individuals with disabilities as required by the ADA and its regulations, including the Standards, 42 U.S.C. § 12183(a), and 28 C.F.R §§ 36.401-406, and App. A;

• e. Ensure that each clinical service has the requisite number of accessible patient rooms with accessible patient beds and has at least one examination table, and other medical equipment (e.g. exam chairs, lifts, radiologic equipment, wheelchair scales) to enable equal access to medical services, 42 U.S.C. §12182(b)(1)(A), 28 C.F.R § 36.302 and App. A § 6; and

• f. Ensure that no individual with a disability is discriminated against on the basis of disability in the full and equal enjoyment of BIDMC's services and facilities.

42 U.S.C. §§ 12182 -12183, 28 C.F.R § 36.201(a), and App. A.