DOJ ANNOUNCES SETTLEMENT WITH HEALTHCARE COMPANY IN HIV DISCRIMINATION CASE

FROM:  U.S. JUSTICE DEPARTMENT 

Thursday, January 15, 2015

Justice Department Settles with Ohio Healthcare System Over HIV Discrimination

The Justice Department announced today that, as part of its Barrier-Free Health Care Initiative, the department has reached a settlement with Genesis Healthcare System (Genesis) to resolve claims that Genesis discriminated against a woman with HIV in violation of the Americans with Disabilities Act (ADA).  Genesis operates a healthcare system that includes a hospital, a network of more than 300 physicians, and multiple outpatient health care centers throughout southeastern Ohio.

Title III of the ADA prohibits public accommodations, such as healthcare providers, from discriminating against people with disabilities, including HIV.  Following an investigation, the department found that Genesis discriminated against a woman with HIV when one of its primary care physicians refused to accept her as a new patient because of her HIV.  Genesis refused to accept her as a patient despite the fact that she was only seeking a general practitioner for medical care unrelated to HIV.  As a result, the woman had to seek medical treatment at the local emergency room for non-emergent health issues.  The department’s investigation revealed that it was this doctor’s practice to refer any patients with HIV seeking a primary care physician to an HIV specialist.

“Exclusion of patients with HIV creates unfair and illegal barriers to medical care for people with HIV,” said Acting Assistant Attorney General Vanita Gupta for the Civil Rights Division.  “Under the law, healthcare providers cannot deny care or refer a patient to a specialist unless the decision is based on current medical knowledge about the particular patient and condition, not on stereotypes about a disability.  The ADA prohibits these types of discriminatory barriers, and the Justice Department is committed to tearing them down.”

Under the settlement, Genesis Healthcare System must pay $25,000 to the victim of discrimination, and $9,000 as a civil penalty.  In addition, it must train its staff on the ADA, develop and implement a non-discrimination policy, and report to the department every time a person with HIV (or who is suspected of having HIV) is denied or discharged as a patient, with a written justification for the decision.

This settlement agreement is part of the department’s Barrier-Free Health Care Initiative, a partnership of the Civil Rights Division and U.S. Attorney’s offices across the nation to target enforcement efforts on a critical area for individuals with disabilities: access to health care.

JUSTICE SETTLES WITH MICHIGAN BARIATRIC CLINIC IN HIV DISCRIMINATION CASE

FROM:  U.S. DEPARTMENT OF JUSTICE 
Friday, July 26, 2013
Justice Department Settles with Bariatric Clinic in Michigan and Pennsylvania Over Hiv Discrimination

The Justice Department announced today that, as part of its Barrier-Free Health Care Initiative, it has reached a settlement with Barix Clinics under the Americans with Disabilities Act (ADA).  Barix Clinics operates bariatric treatment facilities in Michigan and Pennsylvania.  The settlement resolves allegations that Barix Clinics violated the ADA by refusing or cancelling surgery for two individuals because they have HIV.  This is the fifth settlement that the Justice Department has reached this year addressing HIV discrimination by a medical provider.

 The Justice Department found that Barix Clinics unlawfully refused to perform bariatric surgery on a man at its Langhorne, Pa., facility because he has HIV.  The department also determined that Barix Clinics cancelled bariatric surgery for another individual, Mr. Frank Hill, at its Ypsilanti, Mich., facility because of his HIV.  The department’s investigation revealed that Barix Clinics’ actions were not based on individual assessments of the patients or based on current medical knowledge.

 “Erecting unnecessary barriers to medical care for people with HIV can further exacerbate their condition and their marginalization in society,” said Jocelyn Samuels, Acting Assistant Attorney General for Civil Rights.  “These are the barriers that the ADA and the Justice Department seek to tear down.”

 “Blanket exclusions of patients with HIV are misguided and illegal," said Barbara L. McQuade, U.S. Attorney for the Eastern District of Michigan.  “Under the law, caregivers cannot withhold care unless the decision is based on current medical knowledge about the particular patient and condition, not on stereotypes about a disability.”

Under the settlement, Barix Clinics must pay $20,000 to the first complainant, $15,000 to Hill and a $10,000 civil penalty.  In addition, it must train its staff on the ADA and develop and implement an anti-discrimination policy.

In the past six months, the department has reached five settlement agreements with medical providers to address HIV discrimination.  All five settlements are part of the Department of Justice’s Barrier-Free Health Care Initiative, a partnership of the Civil Rights Division and U.S. Attorney’s offices across the nation, to target enforcement efforts on a critical area for individuals with disabilities.  The initiative, launched on the 22nd anniversary of the ADA in July 2012, includes the participation of 40 U.S. Attorney’s offices and addresses access to health care for people with HIV and those with hearing disabilities, as well as physical access to medical facilities.  The department has reached a total of 18 settlements (including these five) regarding medical providers’ failure to provide access for people with HIV or who are deaf or hard of hearing.

BUS COMPANY SETTLES DISABILITIES CASE

FROM: U.S. DEPARTMENT OF JUSTICE


Wednesday, June 12, 2013

Justice Department Settles with New Jersey Bus Company Over Unequal Treatment of Passengers with Disabilities
The Justice Department announced today that it has reached a settlement with DeCamp Bus Lines Inc., a New Jersey transportation company, to ensure that bus transportation is provided on equal terms to people with disabilities.

The Civil Rights Division of the U.S. Department of Justice and the U.S. Attorney’s Office for the District of New Jersey determined that DeCamp Bus Lines violated the Americans with Disabilities Act (ADA) by requiring that passengers with disabilities provide 48 hours of advance notice to secure a wheelchair-accessible bus, even though passengers without disabilities did not have to provide any advance notice. The settlement agreement requires DeCamp to comply with all ADA requirements for accessible service, and not exclude persons with disabilities from its transportation services.

As part of compliance with the ADA, DeCamp will stop requiring that passengers with disabilities provide advance notice to secure an accessible bus and to ensure that no passenger with a disability is denied an accessible bus when the passenger does not provide advance notice. DeCamp will also no longer post, distribute or publish any written material that states that a passenger with a disability is required to provide advance notice to secure accessible transportation and train all employees and contractors on the requirements of the ADA.

"Individuals who use wheelchairs should be able to expect the same level of bus service from large operators that is provided to others," said Eve L. Hill, Senior Counselor to the Assistant Attorney General of the Civil Rights Division. "The department is committed to ensuring that bus companies are complying with this requirement."

"People with disabilities should not be forced to take needless action simply to use a bus service designed for everyone," said U.S. Attorney for the District of New Jersey Paul J. Fishman. "With this settlement, the Justice Department ensures individuals riding DeCamp will receive correct information about their access to transportation, and that access will not be denied."

Title III of the ADA prohibits discrimination against people with disabilities by public accommodations, including motorcoach companies. Since Oct. 29, 2012, the Department of Transportation’s regulations implementing the ADA require that all large, fixed-route motorcoach bus fleets be 100 percent accessible to individuals with disabilities, including individuals who use wheelchairs. Once a fleet is 100 percent accessible, the motorcoach bus company may no longer require advance notice to provide accessible service. The Department of Transportation’s regulations also require that such companies perform regular maintenance checks to ensure that wheelchair lifts work, train their employees on accessibility requirements and file annual accessibility reports with the Federal Motor Carrier Safety Administration of the U.S. Department of Transportation.

The United States was represented by Trial Attorneys David W. Knight and Michael Riess of Civil Rights Division, and Assistant U.S. Attorney Michael Campion of the U.S. Attorney’s Office for the District of New Jersey.

RESTAURANT SETTLES WITH JUSTICE OVER DENYING SERVICE TO CHILDREN WITH SKIN DISEASE

FROM: U.S. DEPARTMENT OF JUSTICE
Wednesday, May 8, 2013
Justice Department Settles Lawsuit Against Golden Corral Restaurant for Violation of the Americans with Disabilities Act

The Department of Justice announced today the settlement of its lawsuit against the Golden Corral restaurant in Westland, Mich., which alleged that the owners and operators of the Golden Corral violated the Americans with Disabilities Act (ADA) by denying service to a mother and her minor children based on the appearance of the children’s skin due to a genetic skin disorder.

The Justice Department’s lawsuit, filed in the U.S. District Court for the Eastern District of Michigan in Detroit, alleged that the manager of the Golden Corral restaurant demanded that Danielle Duford and her four daughters leave the restaurant based on the appearance of the children’s skin caused by a genetic skin disorder, epidermolysis bullosa, which causes blisters to form on the skin in response to minor injuries and temperature changes. Despite Duford informing the restaurant manager of her children’s disability and repeatedly emphasizing that they did not have a contagious disease, the manager required the family to immediately leave the restaurant, claiming that he had received complaints from other customers. Title III of the ADA prohibits public accommodations, such as restaurants, from discriminating against people on the basis of disability, or their association with an individual with a disability, in the full and equal enjoyment of the goods or services offered.

Under the settlement agreement, which must still be approved by U.S. District Court Judge Stephen J. Murphy III, the defendants will pay $50,000 in damages to Duford and her children and $10,000 in civil penalties to the United States. The defendants will also develop and maintain a non-discrimination policy which covers service to customers with disabilities at the Golden Corral restaurant, and provide training to their employees on their obligations under the ADA.

"No one should be excluded from participating in the basic activities of daily living on account of fears of their disability, nor should children be shamed from going out in public," said Eve Hill, Senior Counselor to the Assistant Attorney General for the Civil Rights Division. "We are confident today’s settlement sends that message."

"We hope that today’s settlement will help prevent discrimination based on unfounded fears by raising awareness of the duties to accommodate individuals with less common disabilities," said Barbara L. McQuade, the U.S. Attorney for the Eastern District of Michigan.

The case was handled by Assistant U.S. Attorney Susan K. DeClercq in the U.S. Attorney’s Office for the Eastern District of Michigan, in collaboration with the Disability Rights Section of the Civil Rights Division of the Justice Department.

JUSTICE SETTLES WITH EATING DISORDER CLINIC REGARDING HIV DISCRIMINATION

FROM: U.S. DEPARTMENT OF JUSTICE
Wednesday, February 6, 2013
Justice Department Settles with Missouri Eating Disorder Clinic Over HIV Discrimination

The Justice Department announced today that, as part of its Barrier-Free Health Care Initiative, it has reached a settlement with Castlewood Treatment Center LLC, of St. Louis, Mo., under the Americans with Disabilities Act (ADA). The settlement resolves allegations that Castlewood Treatment Center violated the ADA by refusing to treat a woman for a serious eating disorder because she has HIV. This is the second settlement addressing HIV discrimination by a medical provider reached by the Justice Department in two weeks.

The Justice Department found that Castlewood refused to treat Susan Gibson because of her HIV, despite Castlewood’s determination that she was qualified to receive counseling treatment for her eating disorder, and despite advice from its own medical staff that they were able to treat someone with HIV at Castlewood. The department also determined that for months Castlewood staff told Gibson that she was on a waiting list for the program, even though they had no intention to admit her into the program. In the meantime, Gibson’s condition worsened and her health declined. Castlewood’s actions delayed Gibson from receiving appropriate medical treatment for up to seven months. Gibson’s complaint was brought to the Justice Department’s attention by the American Civil Liberties Union, LGBT & AIDS Project.

"Excluding a person from necessary medical treatment solely because of HIV is unconscionable," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. "The Civil Rights Division takes HIV discrimination in any form seriously, and will not allow for the marginalization of those living with HIV."

Under the settlement, the Castlewood Treatment Center must pay $115,000 to Gibson and $25,000 in civil penalties. In addition, Castlewood must train its staff on the ADA and develop and implement an anti-discrimination policy. The department will monitor Castlewood’s compliance for four years.

Last week the department announced a similar agreement with the Fayetteville Pain Center to address HIV discrimination. Both settlements are part of the Department of Justice’s Barrier-Free Health Care Initiative, a partnership of the Civil Rights Division and U.S. Attorney’s offices across the nation, to target enforcement efforts on a critical area for individuals with disabilities. The initiative, launched on the 22nd anniversary of the ADA in July 2012, includes the participation of 40 U.S. Attorney’s offices. The division expects the initiative to address access to health care for people with HIV and those with hearing disabilities, as well as physical access to medical facilities. In 2012, the division and U.S. Attorneys offices reached two settlement agreements regarding access to medical care for people with HIV and four settlements regarding access to medical care for people with hearing disabilities.

HIM DISCRIMINATION COMPLAINTS SETTLED WITH HEALTH CARE PROVIDERS

FROM:  U.S. DEPARTMENT OF JUSTICE
Friday, May 11, 2012
Health Care Providers Settle with Justice Department Over Complaints of HIV Discrimination

The Justice Department announced that it has reached two settlements today resolving claims that health care providers refused to serve people with HIV in violation of the Americans with Disabilities Act (ADA).

The first complaint was filed by a man with HIV who went to the Mercy Medical Group Midtown Clinic in Sacramento, Calif.   After meeting with the patient and examining him, a podiatrist at the clinic informed the patient of his treatment options.   Although surgery was one of the treatment options, the podiatrist incorrectly told the patient that he could not perform the surgery because of a risk that he would contract HIV from the patient during surgery.   The United States determined that the podiatrist’s actions violated the ADA by denying the patient the full and equal enjoyment of the services offered at the clinic on the basis of his disability.

The second complaint was filed by a man with HIV who went to the Knoxville Chiropractic Clinic North in Knoxville, Tenn., for chiropractic treatment following an automobile accident.   After examining him, the doctor determined that the patient required 24 subsequent appointments to treat his injuries.   On his third visit to the clinic, however, the receptionist informed him that the doctor would not see him because they could not treat people “like him.”   The United States determined that Knoxville Chiropractic Centers had a blanket policy of refusing treatment to persons with HIV in violation of the ADA.

“It is critical that people with disabilities, including HIV, not be denied equal access to goods and services, especially to health care services.   The Civil Rights Division takes discrimination based on unfounded fears and stereotypes about HIV very seriously,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.   “We applaud Mercy Medical Group and CHW Medical Foundation, as well as Knoxville Chiropractic Centers, for working cooperatively with the Justice Department to resolve these matters quickly and fairly.”

The settlement agreements require the entities to develop and implement a non-discrimination policy and to train staff on the requirements of the ADA.   In addition, Mercy Medical Group and CHW Medical Foundation are required to pay $60,000 to the complainant and $25,000 as a civil penalty, and Knoxville Chiropractic Centers is required to pay $10,000 as a civil penalty.

The ADA requires public accommodations, like doctors’ offices, medical clinics, hospitals and other health care providers, to provide individuals with disabilities, including people with HIV, equal access to goods, services, privileges, accommodations, facilities, advantages and accommodations.

The Department of Justice provides a webpage specifically dedicated to information about the ADA and HIV at www.ada.gov/aids.   Those interested in finding out more about these settlements or the obligations of public accommodations under the ADA may call the Justice Department’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD), or access its ADA website at www.ada.gov.  ADA complaints may be filed by email toada.complaint@usdoj.gov.