A New York dermatology practice, Advanced Dermatology, P.C., has settled with the U.S. Department of Justice after allegations emerged that one of its dermatologists had discriminated against a patient based on the patient's HIV-positive status, a move that's deemed in violation of the Americans with Disabilities Act (ADA), according to an announcement by Breon Peace, the U.S. Attorney's Office for the Eastern District of New York.
The case came to light following a complaint from an individual identified only as John Doe, who reported that a medical doctor from the practice's Fresh Meadows office refused to perform a scheduled Mohs micrographic surgery, a procedure intended to treat basal cell carcinoma, due to concerns about the safety of a technician working alongside the doctor; the dermatologist had insisted John Doe be treated only after all other patients were seen, or reschedule on a different date with no other patients, resulting in John Doe leaving without the necessary medical treatment.
"This settlement reflects this Office’s commitment to robust enforcement of the ADA and ensuring that patients with HIV have access to medical care," stated United States Attorney Peace in a move that underscores the federal government's stance on discriminatory practices in healthcare settings, as detailed by the U.S. Attorney's Office.
As part of the settlement terms, Advanced Dermatology is tasked with revising its policies to align with Title III of the ADA; additionally, the practice must adopt a non-discrimination policy, and is mandated to train its staff annually on HIV/AIDS awareness and the prevention of discrimination, furthermore the practice will pay a civil penalty of $15,000 to the U.S. government—though it's important to note that the claims resolved by this agreement do not constitute an admission or determination of liability.
This development is not only a win for the individual affected but serves as a reminder to medical facilities nationwide about the importance of abiding by ADA regulations. The matter was presided over by the Civil Division of the U.S. Attorney's Office with Assistant U.S. Attorney David Cooper leading the charge.
