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Blind VA Employee Sues Over Inaccessible Oracle-Cerner EHR

by Jasmine Pennic 07/02/2024 Leave a Comment

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What You Should Know: 

– A Department of Veterans Affairs (VA) employee has filed a lawsuit against the agency, alleging its new Oracle-Cerner EHR system discriminates against employees and veterans with disabilities, Federal News Network reports. 

– The lawsuit claims the Oracle-Cerner EHR system is incompatible with assistive technologies like screen readers used by visually impaired individuals.

Legal Basis of the Lawsuit

The lawsuit argues that the VA violated Section 508 of the Rehabilitation Act, which requires federal agencies to procure and use accessible technology. The lawsuit claims the VA failed to ensure Oracle-Cerner’s EHR complied with accessibility standards before and after its implementation.

Laurette Santos, a visually impaired licensed social worker with the VA for over a decade, is leading the lawsuit filed in the U.S. District Court for the District of Columbia. Santos works as a Visual Impairment Services Team coordinator at the VA Medical Center in White City, Oregon, one of the initial rollout locations for the new EHR. 

Santos, who has been legally blind since 1988, relies on screen reader software called JAWS to access information on her computer. She explained the critical role the EHR plays in her job: “I use the VA’s EHR to gather data from veterans’ medical records… It’s critical that they [veterans with vision loss] have a bridge from where they are, to where they want to go.” Santos alleges she raised accessibility concerns with the VA and Cerner personnel before the system’s launch, but her concerns were not addressed.

Compatibility Issues Hinder Ability to Serve Veterans

Prior to the new system’s rollout, Santos used the VA’s legacy EHR (CPRS) effectively with her screen reader software.  Unfortunately, the new EHR system doesn’t work with JAWS, significantly hindering Santos’ ability to perform her job duties independently. Previously, with the VA’s legacy EHR (CPRS/VistA), Santos could access veteran records and collaborate with other providers using JAWS.

“In my work, JAWS was very effective,” Santos said. “I could connect with other providers… I need access to all of those. I can no longer do that independently.”

Lawsuit Raises Concerns About Accessibility

The lawsuit highlights concerns about the accessibility of the new EHR system for both VA employees and the veterans they serve. A successful rollout of the EHR requires ensuring compatibility with assistive technologies to avoid creating barriers for individuals with disabilities.

The VA has declined to comment on pending litigation. The outcome of the lawsuit will determine the accessibility measures implemented for the Cerner EHR system moving forward. 

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