SAN FRANCISCO — A long-standing discrimination case against the California Department of Health Care Services (DHCS) reached a major milestone this week when U.S. District Court Judge Maxine M. Chesney approved a settlement in San Francisco federal court, ruling that DHCS violated federal and state laws by failing to provide effective communication to blind Medi-Cal consumers, according to the court’s order granting final approval of class settlement.
The complaint was originally filed in 2018 by three individuals in conjunction with the California Council of the Blind. The filing alleged that defendants relied on printed materials to provide Medi-Cal applicants and recipients with critical information, stating that delays or failures in communication could result in the denial or reduction of essential health benefits.
The plaintiffs, all blind, asserted that they could not read notices sent by Medi-Cal and had repeatedly requested correspondence in alternative formats that would make such information accessible. When defendants continued sending printed mail, plaintiffs were unable to know the content or that it even concerned their Medi-Cal benefits.
Despite repeated requests, DHCS failed to offer alternative communication modes, according to a press release.
Under the settlement, DHCS must now provide effective communication to blind individuals and offer accessible options including large print, audio, and Braille formats. Counties directly named in the settlement — Contra Costa, San Diego and Alameda — are also required to cooperate with DHCS’s plan, train relevant employees and designate staff to handle communication inquiries from blind consumers.
Shawna Parks, chief litigation officer for Disability Rights Advocates, said the settlement “will ensure that people who are blind and who are, or want to be, Medi-Cal recipients are able to participate in enrollment, determination and other processes that are key to receiving these critical health care services.”
Guillermo Robles, president of the California Council of the Blind and one of the original plaintiffs, said the organization “looks forward to partnering with the California Department of Health Care Services in the removal of this significant barrier to health care,” describing the outcome as a hopeful step toward greater accessibility and inclusion for blind Californians.
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