Restrictions on patient visitors imposed by the Johns Hopkins Health System during the coronavirus pandemic violated the rights of disabled patients under the Americans with Disabilities Act, the federal government said in a suit filed Thursday.
Hopkins and federal prosecutors also proposed a consent decree to address those alleged violations with the health system agreeing to pay $150,000 to compensate people affected by those policies, in place from October 2020 to May 2023, and update its support-person policies and take other steps to ensure compliance with ADA.
The consent decree must be approved by a federal judge.
According to the complaint, the health system “excluded or restricted support persons for numerous individuals with certain disabilities at various Johns Hopkins locations when the presence of those support persons was necessary for the individuals’ access to equal care.” It did so despite having policies allowing support persons, including family members, personal care assistants and others, to accompany disabled patients to assist them with their care and related decisions.
The government argued the way Hopkins’ visitor restrictions — established to prevent the spread of COVID-19 — were imposed effectively discriminated against some disabled patients.
It cited several instances of people not being permitted to accompany disabled patients in the emergency department at Johns Hopkins Hospital.
“Patients with disabilities deserve equal access to healthcare,” said U.S. Attorney Erek L. Barron for the District of Maryland. “Appropriate medical care often requires them to be accompanied by essential support persons. Johns Hopkins’ recommitment to meeting the needs of its patients with disabilities and ensuring that they are treated with dignity and respect is a welcome outcome of this agreement.”
Under the consent decree, Hopkins denied the allegations and said that by entering the agreement it does not “liability, wrongdoing, or violation of the ADA or any other law.”
“Johns Hopkins was and is committed to meeting the needs of its patients and their care partners,” according to the consent decree. “Out of more than 3 million patient visits and countless more Johns Hopkins interactions with patients and care partners during the timeframe covered by the two-year-long investigation, it is Johns Hopkins’ position that the government identified a very small number of alleged violations.”
In a statement Friday, Liz Vandendriessche, a Hopkins Medicine spokeswoman, reiterated that the health system “maintained an unwavering focus on providing the highest levels of patient care, and we believe these allegations are without merit.”
Vandendriessche called the consent decree “an amicable resolution that allows us to move forward and continue to focus on the provision of patient care.”
“During that unprecedented time, we recognized the importance of care partners for patients and had clear policies available on our hospital websites,” she added. “We remain committed to inclusive, accessible care and continuous improvement in our practices, and will provide updated trainings for our team members.”