Déjà Vu All Over Again: HIV Phobia and Discrimination (2012)

For those who believe that the bad old days of HIV-related discrimination are over, Friday's Justice Department announcement of two settlements involving claims that health care providers refused to serve people with HIV in violation of the Americans with Disabilities Act (ADA) should serve as a reality check.  It also illustrates the point that CHLP has been making for years:  the medical profession often is no better informed than the general public about the routes and risks of transmission, and addressing HIV-related disparities must start with training that brings health care providers up to speed.

The first complaint was filed by a man with HIV who went to the Mercy Medical Group Midtown Clinic in Sacramento, Calif.   Although surgery was one of the treatment options for his condition, the podiatrist told the patient that he could not perform the surgery because of a risk that he would contract HIV from the patient during surgery.   The United States Department of Justice determined that the podiatrist's actions violated the ADA, since there was no reason, medically or otherwise, to refuse care.

The second complaint was filed by a man with HIV who went to the Knoxville Chiropractic Clinic North in Knoxville, Tenn., for treatment following an automobile accident.   After examining him, the doctor determined that the patient required 24 subsequent appointments to treat his injuries.   On his third visit to the clinic, however, the receptionist informed him that the doctor would not see him because they could not treat people "like him."   It turned out that the Knoxville Chiropractic Centers had a blanket policy of refusing treatment to persons with HIV. This kind of policy is in clear violation of the ADA.

The settlement agreements require the entities to develop and implement a non-discrimination policy and to train staff on the requirements of the ADA.   Mercy Medical Group will pay $60,000 to the patient refused treatment and $25,000 to DOJ as a civil fine; Knoxville Chiropractic Centers will pay a fine of $10,000.

For more than 20 years, the ADA has required public accommodations, like doctors' offices, medical clinics, hospitals and other health care providers, to provide individuals with disabilities, including people with HIV, equal access to their services and facilities.  Clearly a lot of service providers out there haven't received the message.  Ignorance about HIV, the way it is transmitted and the likelihood that it will be transmitted, continues to drive a host of bad behaviors, from denial of health care to denial of justice under the criminal law; every year that it remains unaddressed, people with HIV get shut out of care or are arrested and thrown in jail for things that are legal for everyone else.