Published August, 2012

The General Counsel (HHS) V. Winston C. San Agustin, M.D, Dep't of Health and Human Services, Departmental Appeals Board Civil Remedies Division (OCR No. 06-56803), Docket No. C-12-544, Decision No. CR2580 (August 2, 2012)

The U.S. Department of Health and Human Services terminated Medicaid funding to a California surgeon who intentionally discriminated against an HIV-positive patient by refusing to perform the needed back surgery that Dr. San Agustin had recommended as necessary.

An order issued by the HHS Departmental Appeals Board in August 2012 concluded that the surgeon had violated Section 504 of the Rehabilitation Act of 1973, which prohibits disability discrimination by health care providers who receive federal funds, and that sanctions were necessary based on the San Agustin's years of unresponsiveness and unwillingness to voluntarily commit to nondiscrimination.

The order followed an Office for Civil Rights (OCR) investigation of a complaint filed by San Agustin's former patient, who alleged that the surgeon refused to perform back surgery after learning that he was HIV-positive.

Click here to read the HHS press release announcing the termination of federal funding to Dr. San Agustin.