The U.S. Department of Health and Human Services Office for Civil Rights and the U.S. Attorney’s Office for the District of New Jersey reached a settlement agreement with Comfort Hands Home Healthcare LLC. The agreement resolves allegations of discrimination against a person with HIV, according to an Aug. 30 news release.
“The HHS Office for Civil Rights has a long history of taking enforcement actions to protect the rights of people with disabilities, including those with HIV,” OCR Director Melanie Fontes Rainer said in the release. “Today’s important settlement tangibly contributes to our efforts to ensure nondiscrimination in HHS-funded services. It also advances our newly reinvigorated Olmstead Initiative by removing discriminatory barriers to ensure individuals with disabilities can be served in their own homes and communities.”
The allegations against Comfort Hands pertained to discrimination against an individual with HIV, a violation of the Americans with Disabilities Act, the Rehabilitation Act and the Patient Protection and Affordable Care Act. Comfort Hands, in Marlton, N.J., reportedly unjustly denied home health services based on the client's HIV status, according to the release.
As part of this settlement, Comfort Hands is obligated to enact a comprehensive non-discrimination policy aimed at ensuring individuals with disabilities, including those with HIV or those perceived as such, are granted equal access to the full spectrum of its services and benefits, the release said.
Furthermore, Comfort Hands is required to institute mandatory anti-discrimination training for its staff and provide restitution to the affected individual. These actions align with the legal provisions of the ADA, Section 504 of the Rehabilitation Act and Section 1557 of the Patient Protection and Affordable Care Act, which collectively prohibit discrimination based on disability and mandate equitable access to healthcare services, the release reported.
"The U.S. Attorney’s Office is unwavering in its dedication to ensuring that individuals with HIV are not subjected to discrimination," U.S. Attorney Philip R. Sellinger said in the release. "The ADA strictly prohibits healthcare providers from denying services based on an individual’s HIV status. Our office remains resolute in its commitment to safeguard individuals with HIV and other disabilities from unlawful discrimination."
In a proactive measure to reinforce federal civil rights laws, including the ADA, Sellinger established a Civil Rights Division last year, dedicated to preserving and upholding civil rights within the community, the release reported.
Those who suspect they may have experienced discrimination have the option to file a complaint with the U.S. Attorney’s Office.
