The Department of Justice reached settlements with two health care providers who violated the Americans with Disabilities Act and refused to treat patients with HIV.
One incident occurred at the Mercy Medical Group Midtown Clinic in Sacramento, CA. An HIV positive patient met with a podiatrist who informed him of his treatment options. The podiatrist incorrectly told the patient that he could not perform surgery because of a risk that he could contract HIV from the patient during surgery. The United States determined that the podiatrist violated the ADA by denying his patient full and equal enjoyment of the services offered at the clinic because he had HIV.
In another incident, an HIV positive man went to the Knoxville Chiropractic Clinic North in Knoxville, TN for care after a car accident. On a return visit, the patient was informed by the receptionist that they did not treat people “like him.” The United States determined that the Chiropractic Clinic violated the ADA by refusing treatment to persons with HIV.
The settlement agreements require both violating parties to develop and implement a non-discrimination policy, to train their staffs on the requirements of ADA, and to pay the complainants civil penalties.