VOLUNTARY COMPLIANCE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THOMAS JEFFERSON UNIVERSITY HOSPITALS INC. & OUTPATIENT IMAGING AFFILIATES, LLC. DJ# 202-62-458

A. Background

1. The parties to this Settlement Agreement (“Agreement”) are the United States of America, Thomas Jefferson University Hospitals, Inc., and Outpatient Imaging Affiliates, LLC., collectively the owners and operators of Jefferson Outpatient Imaging and Radiology (hereinafter “Jefferson Outpatient”).  Jefferson Outpatient is a professional corporation with its principal place of business located at 132 S. 10th St., Philadelphia, PA 19107.

2. This matter was initiated by a complaint filed with the United States Department of Justice (the “Department”) against Jefferson Outpatient 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. Jefferson Outpatient provides outpatient imaging and radiology 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. Jefferson Outpatient operates a medical practice that provides radiology services and diagnostic imaging including, but not limited to, dual energy x-ray absorptiometry (DEXA) bone density scans, at its facilities in the greater Philadelphia, Pennsylvania area.  It provides these services both by advanced appointment and on a walk-in basis.

6. The complainant, who has cerebral palsy, osteoporosis, and uses a wheelchair, alleges that he was denied full and equal access to the services provided by Jefferson Outpatient based on his disability, when he attempted to receive a bone density scan as a walk-in patient at Jefferson Outpatient at 850 Walnut Street, Philadelphia, PA 19103.  Because of his disability, and the height of the DEXA equipment used by Jefferson Outpatient, the complainant needed assistance to transfer from his wheelchair to the DEXA machine.  Complainant alleges that (1) the radiological technician informed him that they did not have staff available to transfer him, (2) he was not transferred, and (3) Jefferson Outpatient did not provide the DEXA scan as prescribed by his physician at that time.

7. 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 a settlement agreement.  The parties have therefore voluntarily entered into this Settlement, agreeing as follows: