United States Attorney Gregory J. Haanstad announced on October 5, 2022, that the US Attorney’s Office for the Eastern District of Wisconsin had reached a settlement agreement under Title III of the Americans with Disabilities Act (“ADA”) with a home healthcare company to resolve allegations that the company refused to provide in-home caregiving services to an individual with human immunodeficiency virus (“HIV”). The agreement includes adoption of a non-discrimination policy, training of staff, written notification to the Department of Justice of future complaints, and $10,000 in compensatory damages for the individual.
The company offers in-home caregiving services in nine counties throughout Northeastern Wisconsin, with its main office in Green Bay, Wisconsin. The United States had alleged that a number of the company’s caregivers refused to provide service to an individual with HIV, and that the company terminated the relationship with that individual as a result.
“The US Attorney’s Office prioritizes the protection of the civil rights of all individuals,” said United States Attorney Haanstad. “As this settlement demonstrates, our office is committed to using all available tools to enforce the ADA and prevent discrimination.”
Compliance Perspective
Issue
The ADA gives federal civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications. An individual is considered to have a disability if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment. Persons with HIV disease, either symptomatic or asymptomatic, have physical impairments that substantially limit one or more major life activities and thus are protected by the ADA. Through the Barrier-Free Health Care Initiative, US Attorneys’ offices across the nation and the Department’s Civil Rights Division target their enforcement efforts on a critical area for individuals with disabilities to access to medical services and facilities. The Barrier-Free Health Care Initiative is a multi-phase initiative that will include effective communication for people who are deaf or have hearing loss, physical access to medical care for people with mobility disabilities, and equal access to treatment for people who have HIV/AIDS.
Discussion Points
- Review your facility’s policies and procedures on discrimination, Title III of the ADA, and residents with HIV. Ensure that these include prohibiting discrimination on the basis of disability.
- Educate staff on Title III of the ADA and HIV discrimination and also on infection control measures. Document that the trainings occurred, and file the signed training document in each employee’s education file.
- Periodically audit to learn if any individuals were denied care or admission in violation of Title III of the ADA.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice,*
