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.
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.