Security News: First Urology Commits to Changes and Pays to Resolve Justice Department Investigation into Allegations it Violated the ADA with a “Lifting Policy”

Louisville, KY – First Urology, P.S.C., the largest provider of urologic care in the greater Louisville and Southern Indiana area, has agreed to pay $60,000 to resolve allegations that it violated the Americans with Disabilities Act (ADA) by failing to provide individuals with mobility disabilities equal access to its services and facilities.

The allegations involved First Urology’s “Lifting Policy,” which provided it would not assist patients in transferring to examination tables or other diagnostic equipment. First Urology’s policy denied patients full and equal access to the services it provided because it required certain patients with mobility disabilities to bring their own equipment, friends, family, or attendants to help facilitate their transfer, in order to be treated. If the patient did not bring equipment, friends, family, or attendants to help transfer them, First Urology denied that patient treatment. These allegations were raised by three patients who also filed a lawsuit against First Urology, styled Fust et. al, v. First Urology, Case No. 3:20-CV-562 (W.D. Ky.). 

“The ADA is a federal civil rights law that prohibits discrimination against individuals with disabilities in everyday activities,” stated Michael A. Bennett, United States Attorney for the Western District of Kentucky.  “Everyday activities include medical services, and no patient should be denied health care as a result of a mobility disability.” 

Under the terms of the agreement, First Urology will ensure that accessible medical equipment and rooms are available to patients who need them. This may include use of an accessible exam table, Hoyer lift, gait belt, or transfer board, or rails and other stabilizing equipment. First Urology will also modify its policies and practices, train its staff on the ADA and the terms of the agreement, and will periodically submit reports about its compliance with the terms of the agreement. Of the $60,000 being paid by First Urology, $45,000 will be distributed to three patients who were denied treatment and $15,000 will be paid as a civil penalty to the United States.

Assistant U.S. Attorney, Jessica R. C. Malloy, investigated the matter.

For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. ADA complaints may be filed online at http://www.ada.gov/complaint.

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