The US Attorney’s Office for the District of New Jersey and the US Department of Health and Human Services Office for Civil Rights (HHS OCR) announced that they have secured a settlement agreement to resolve allegations that a home healthcare provider discriminated against a person with HIV. They made the announcement on August 30, 2023.
The New Jersey home healthcare provider agreed to resolve allegations that it discriminated against a person with HIV in violation of the Americans with Disabilities Act (ADA), the Rehabilitation Act, and the Patient Protection and Affordable Care Act. This settlement follows the government’s investigation in which it found that the provider unlawfully denied home healthcare services to a potential client based on her HIV status.
Under the settlement agreement, the provider will implement a non-discrimination policy to ensure that individuals with disabilities, including those with HIV or who are perceived to have HIV, are afforded full and equal opportunities to its benefits and services. The provider will also provide mandatory non-discrimination training to its employees and pay damages to the individual who experienced this act of discrimination.
“People with HIV should not face discrimination, especially from healthcare providers,” US Attorney Philip R. Sellinger said. “The Americans with Disabilities Act prohibits providers from denying services based on an individual’s HIV status. Today’s agreement will ensure that this home healthcare provider lives up to that obligation going forward. This office remains committed to ensuring that individuals with HIV and other disabilities are protected from unlawful discrimination.”
The ADA prohibits places of public accommodation from discriminating against people with, or perceived to have, disabilities, including HIV. Section 504 of the Rehabilitation Act prohibits discrimination based on disability in any program or activity receiving federal financial assistance from HHS, while Section 1557 of the Patient Protection and Affordable Care Act does the same with respect to certain health programs and activities.
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.*
