Breon Peace, the United States Attorney for the Eastern District of New York, announced a settlement with Advanced Dermatology, P.C., a practice based in New York. The settlement addresses allegations that one of its doctors violated Title III of the Americans with Disabilities Act (ADA) by refusing to perform a scheduled procedure on an HIV-positive patient until the end of the day or suggesting rescheduling when no other patients were present. Title III of the ADA prohibits discrimination against individuals with disabilities in public accommodations like medical facilities. HIV is recognized as a disability under this law.
"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.
The case began after a complaint from John Doe, an HIV-positive individual who alleged that an Advanced Dermatology dermatologist at their Fresh Meadows office refused to perform Mohs micrographic surgery on him as scheduled. This surgery was intended to treat his basal cell carcinoma.
The investigation found that the refusal was due to John Doe's HIV status and concerns for a technician's safety. The dermatologist suggested waiting until all other patients had been treated or rescheduling for another day without other patients. As a result, John Doe left without receiving treatment. The investigation concluded that Advanced Dermatology discriminated against him based on his HIV status, violating Title III of the ADA.
Under the settlement terms, Advanced Dermatology will align its policies with Title III of the ADA, implement a non-discrimination policy regarding services for those with disabilities, and provide annual training on HIV/AIDS and discrimination to its staff. Additionally, they will pay a $15,000 civil penalty to the United States.
The claims resolved by this settlement are allegations only; there has been no admission or determination of liability.
Assistant U.S. Attorney David Cooper managed this matter through the Office’s Civil Division.