Nash v. Medina, Order Denying Defendant's Motion to Dismiss, U.S. District Court for the Middle District of Florida

Alleging a violation of section 504 of the Rehabilitation Act, a deaf patient sued a doctor for refusing to provide medical services on the basis of the patient’s disability, and for refusing to provide an interpreter to accommodate the patient’s disability. The doctor sought a dismissal of the case, arguing that the Rehabilitation Act did not apply. The court denied the doctor’s request, explaining that the Rehabilitation Act applies in this case because (1) the doctor was a recipient of federal funding by accepting payment from Medicare and Medicaid, (2) although a doctor does not have a duty to treat all patients, the Rehabilitation Act prohibits a doctor from refusing to provide services to a patient based on the patient’s disability, and (3) the patient in this case adequately demonstrated intentional discrimination by the doctor.

Although this case involves deafness as a disability, the applicability of the reasoning to all patients with disabilities, including those with HIV, is clear.