The Justice Department announced that it has filed a proposed consent decree with Barnet Dulaney Perkins Eye Centers (BDP) and American Vision Partners (AVP), to resolve its lawsuit alleging that the eye care practices violated the Americans with Disabilities Act. The lawsuit alleged that BDP and AVP refused to operate on certain patients who needed assistance transferring from their wheelchairs for surgery and required other such patients to pay for third-party medical transport and transfer assistance. Medical providers routinely offer this type of assistance to patients who need help transferring from a wheelchair to an examination or surgical table for surgery and exams.
Under the decree, BDP and AVP will end their policies of denying surgery and prohibiting staff from providing transfer assistance to people with mobility disabilities. BDP operates eye care facilities throughout Arizona, and AVP, one of the largest eye care practice management organizations in the country, partners with eye care providers in Arizona, New Mexico, Nevada, and Texas, including BDP, Southwestern Eye Center, M & M Eye Institute, Retinol Consultants of Arizona, Abrams Eye Institute, Southwest Eye Institute, Aiello Eye Institute, Havasu Eye Center, Visage Aesthetics and Plastic Surgery, and Moretsky Cassidy Vision Correction. These eye care providers will also train staff on the new policy requirements and on safe transfer techniques, and pay $950,000 to patients and prospective patients who were harmed by its policies and a civil penalty of $50,000.
