Published January, 2012
Civil Remedies Div. the Gen. Counsel, DAB No. CR2580 (H.H.S.) Civil Remedies Div. the Gen. Counsel, DAB No. CR2580 (H.H.S.) 2012
This is an administrative law decision and order from the Department of Health and Human Services (H.H.S.) against a California-based physician who denied surgical treatment to an HIV-positive patient in violation of section 504 of the Rehabilitation Act of 1973, one of the key federal anti-discrimination statutes.
The physician participated in Medi-Cal, California's Medicaid program, which required him to provide medical assistance to individuals with disabilities, including those with HIV. 45 C.F.R. § 84.4. After an initial evaluation, the physician agreed to perform surgery on a patient, but later refused after learning the man was HIV-positive.
The physician participated in initial settlement negotiations but repeatedly failed to respond to the proposed settlement, which would have required him to comply with section 504, agree to six hours of AIDS education for himself and his staff, and display a notice of non-discrimination. As a result, H.H.S. terminated the physician's receipt of federal financial assistance until he complies with the requirements of the Rehabilitation Act of 1973 and regulations.
Copyright Information: CHLP encourages the broad use and sharing of resources. Please credit CHLP when using these materials or their content. and do not alter, adapt or present as your work without prior permission from CHLP.
Legal Disclaimer: CHLP makes an effort to ensure legal information is correct and current, but the law is regularly changing, and the accuracy of the information provided cannot be guaranteed. The legal information in a given resource may not be applicable to all situations and is not—and should not be relied upon—as a substitute for legal advice.