Foundations & Affiliated Entities; Contract Administration; Practice of Higher Education Law; Governance; Disability Discrimination; Discrimination, Accommodation, & Diversity
Huffman v. University Medical Center Management Corp., et al. (E.D. La. Oct. 31, 2017)
Order and Reasons denying Defendant’s Motion to Dismiss. Plaintiff, a deaf individual who communicates primarily in American Sign Language, alleged that Defendants’ failure to provide her an interpreter while she was admitted to University Medical Center, a full-service hospital owned by Defendant Louisiana State University (LSU) but operated by a private entity through a Cooperative Endeavor Agreement, resulted in her receiving substandard medical treatment in violation of Section 504 of the Rehabilitation Act, the Affordable Care Act, and the American Disabilities Act. The issue before the court was whether LSU’s contract with Defendant Louisiana Children’s Medical Center (LCMC) and Defendant University Medical Center Management Corporation (UMCMC), to provide medical services that LSU was authorized to provide, qualified as a “service, program, or activity” of LSU. The court found that Plaintiff had alleged sufficient facts to proceed and in its reasoning, adopted 5th Circuit precedent and regulatory guidance that imputed liability to state entities when they have contracted with a private entity to provide services and the private entity denies a person services because of a disability.