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Justice Department Reaches ADA Settlement Agreement with Charlotte Radiology

August 23, 2018
Source: U.S. Department of Justice (DOJ)

The Department of Justice and a North Carolina medical services provider, Charlotte Radiology, voluntarily entered into a Settlement Agreement regarding a complaint filed under Title III of the Americans with Disabilities Act (ADA). The complainant, who has paraplegia and uses a wheelchair, alleges that she was denied full and equal access to the services provided by Charlotte Radiology because of her disability, when she attempted to schedule an appointment to have a DEXA bone density scan of the hip and spine, as ordered by her primary care physician. Because of her disability, and the height of the equipment used by Charlotte Radiology, the complainant needed either assistance to transfer from her wheelchair to the DEXA machine, or to be scanned in accessible adjustable height equipment. The complainant alleges that she was told that unless she brought someone to assist in a transfer to the exam table, Charlotte Radiology would not perform the bone density test on the hip and spine because it had a policy that its staff did not transfer patients. The complainant was subsequently offered a forearm scan, which would not require transfer. The complainant declined the forearm scan because the complainant alleges it was not medically equivalent to the bone and hip scan and did not meet her medical needs.

Under Title III, the ADA requires a public accommodation to make reasonable modifications in its policies, practices, or procedures, when such modifications are necessary to provide services to an individual with a disability. In addition, public accommodations are required to remove architectural barriers to access where it is readily achievable to do so.

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