U.S. Attorney Breon S. Peace | U.S. Department of Justice
Breon Peace, the United States Attorney for the Eastern District of New York, has announced a settlement with Advanced Dermatology, P.C., a dermatology practice based in New York. The settlement resolves 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.
The ADA prohibits discrimination against individuals with disabilities in public accommodations such as medical facilities. HIV is considered a disability under this act. Advanced Dermatology cooperated with the investigation and resolution process.
"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 the U.S. Department of Justice received a complaint from John Doe, an HIV-positive individual. He alleged that a dermatologist at Advanced Dermatology's Fresh Meadows office refused to perform Mohs micrographic surgery for his basal cell carcinoma due to his HIV status. The dermatologist reportedly cited concerns for the safety of a technician working alongside him and suggested rescheduling or waiting until all other patients had been treated.
The investigation concluded that Advanced Dermatology discriminated against John Doe based on his HIV status, violating Title III of the ADA.
As part of the settlement, Advanced Dermatology will align its policies with ADA requirements, adopt a non-discrimination policy regarding services for individuals with disabilities, and conduct annual staff training on HIV/AIDS and discrimination issues. Additionally, they will pay a $15,000 civil penalty to the United States.
It is important to note that these claims are allegations only; there has been no admission or determination of liability.
Assistant U.S. Attorney David Cooper handled this matter within the Office’s Civil Division.
