Breon Peace, United States Attorney for the Eastern District of New York, announced a settlement with a New York-based dermatology practice, which has offices throughout the metropolitan area and other states. The settlement resolves allegations that one of the practice’s doctors violated Title III of the Americans with Disabilities Act (ADA) by refusing to perform a scheduled procedure on a patient with human immunodeficiency virus (HIV). The doctor insisted on rescheduling the procedure for a time when no other patients were being treated or having the patient wait until the end of the day after all other patients had been treated.
The dermatology practice cooperated with the United States’ investigation and worked to resolve the matter.
This case began after the US Department of Justice received a complaint from an individual living with HIV. The complainant alleged that a dermatologist employed by the practice at its Fresh Meadows, New York office refused to perform a scheduled Mohs micrographic surgery. The surgery had been arranged to treat the complainant’s basal cell carcinoma.
The investigation confirmed the allegations, revealing that the dermatologist refused to perform the scheduled surgery, citing concerns for the safety of a technician working with the doctor. The dermatologist explained that the procedure could only be performed at the end of the day after all other patients had been treated or could be rescheduled for another day when no other patients were scheduled. The complainant ultimately left the practice without receiving treatment.
The US Department of Justice determined that the practice’s actions amounted to discrimination based on the complainant’s HIV status, in violation of Title III of the ADA.
Under the terms of the settlement, the dermatology practice will implement changes to its policies and practices to ensure compliance with Title III of the ADA. These changes will include adopting a non-discrimination policy, which clarifies that the practice will not discriminate against individuals with disabilities. The practice will also provide annual training for its staff on HIV/AIDS and discrimination. Additionally, the practice will pay a civil penalty of $15,000 to the United States.
Compliance Perspective
Issue
The ADA prohibits discrimination against individuals with disabilities in public accommodations, including medical facilities. HIV is classified as a disability under the ADA, providing individuals with HIV the same protections as those with other disabilities. The ADA ensures equal opportunity for individuals with disabilities in areas such as public accommodations, employment, transportation, and government services. An individual is considered to have a disability if they have a physical or mental impairment that substantially limits one or more major life activities, have a record of such an impairment, or are regarded as having one. People with HIV, whether symptomatic or not, are protected under the ADA as their condition substantially limits major life activities. The Barrier-Free Health Care Initiative, led by US Attorneys and the Department of Justice’s Civil Rights Division, focuses on improving access to medical services for individuals with disabilities. This initiative includes efforts to ensure effective communication for those who are deaf, physical access for people with mobility disabilities, and equal treatment for individuals with 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, Inc. for informational purposes only and is not intended to provide legal advice.*
