St. Petersburg Doctor Settles Federal Claim To Improve Services To Patients With Communication Disabilities

Ocala, FL - U.S. Attorney Roger B. Handberg announces that the United States Attorney's Office for the Middle District of Florida has reached an agreement with Dr. Mark A. Nowacki, M.D. to resolve allegations that his medical practice, Mark A. Nowacki, M.D., P.A., violated Title III of the Americans with Disabilities Act (ADA) by failing to provide auxiliary aids and services to patients with communication disabilities.

The U.S. Attorney's Office opened an investigation into Dr. Nowacki after receiving a complaint from an individual (complainant) who is deaf and uses American Sign Language (ASL). The complainant alleged that in October 2021 she called to schedule a new patient appointment with Dr. Nowacki, an internal medicine specialist in St. Petersburg. During that phone call, the complainant requested an ASL interpreter be provided at the appointment in order for her to effectively communicate with Dr. Nowacki and his staff, but Dr. Nowacki denied her request. As a result of Dr. Nowacki failing to provide an ASL interpreter, the complainant was denied the opportunity to access his health care services.

Under the terms of the settlement agreement, Dr. Nowacki must: adopt a written effective communication policy that specifies his office's obligations under Title III of the ADA; provide qualified interpreters when necessary to effectively communicate with patients-or their companions-with disabilities; implement effective communication training for all employees regarding their obligations under Title III of the ADA; maintain a log documenting all requests Dr. Nowacki receives for auxiliary aids and services, as well as how he handled those requests; report any complaints received alleging Dr. Nowacki violated Title III of the ADA to the United States; and pay the Complainant $1,000 in compensatory damages.

This case was handled by Assistant United States Attorney Alexandra N. Karahalios, in coordination with the Disability Rights Section of the United States Department of Justice, Civil Rights Division.

Title III of the ADA requires public accommodations, including professional offices of health care providers, to take such steps as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated, or otherwise treated differently than other individuals because of the absence of auxiliary aids and services. Auxiliary aids and services include, but are not limited to, qualified interpreters who appear on-site or through video remote interpreting (VRI) services. A public accommodation is required to furnish appropriate auxiliary aids and services where necessary to ensure effective communication with individuals with disabilities.

Individuals who believe they may have been victims of discrimination may contact the Civil Rights Unit of the U.S. Attorney's Office for the Middle District of Florida by calling our Civil Rights Hotline at (813) 274-6095 or emailing us at [email protected]. To fill out our civil rights complaint form, please visit https://www.justice.gov/usao-mdfl/civil-rights-complaint-form.

The Attorney General is authorized to investigate alleged violations of Title III of the ADA and to bring a civil action in federal court if the United States 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. Ensuring that professional offices of health care providers do not discriminate against individuals with disabilities is an issue of general public importance.

For more information on the ADA, visit www.ada.gov or call the Department of Justice's toll-free ADA Information Line at (800) 514-0301 (Voice) or (833) 610-1264 (TTY). Accessibility specialists are available to answer questions from individuals, businesses, and state or local governments. All calls are confidential.