Advanced Dermatology, a prominent dermatology practice with over 40 locations across New York, New Jersey, and Connecticut, has reached a settlement with federal authorities over allegations of discrimination against an HIV-positive patient. The case, which highlighted a violation of the Americans with Disabilities Act (ADA), has led to significant policy changes and a financial settlement.
The settlement, announced by U.S. Attorney Breon Peace of the Eastern District of New York, addresses claims that a dermatologist at Advanced Dermatology’s Fresh Meadows office refused to perform a scheduled surgery on a patient diagnosed with HIV. The patient, who was scheduled to undergo treatment for basal cell carcinoma, was reportedly told that the procedure could only be performed when no other patients were present, which led to unnecessary delays in medical care.
In response to these claims, Advanced Dermatology has agreed to implement new policies aimed at ensuring equal access to healthcare for all patients, regardless of their HIV status. The practice will also pay a civil penalty of $15,000. However, the practice has not admitted to any wrongdoing in the matter.
“This settlement reflects our office’s dedication to enforcing the Americans with Disabilities Act and ensuring that individuals living with HIV are treated fairly in healthcare settings,” said U.S. Attorney Breon Peace. “Patients with HIV, like all patients, deserve access to timely and appropriate care without fear of discrimination.”
The investigation into the Fresh Meadows incident was initiated after the patient filed a complaint, alleging that the refusal to treat him because of his HIV-positive status violated his rights under the ADA. The settlement underscores the critical importance of providing equitable healthcare to all patients, regardless of their health status.
As part of the settlement, Advanced Dermatology has committed to enhancing its policies and training programs to ensure that all staff members understand and comply with federal anti-discrimination laws, particularly regarding HIV-positive patients. These measures will include additional staff education and the implementation of clear guidelines to prevent future discriminatory practices.
The case also highlights the broader issue of discrimination against HIV-positive individuals in healthcare, a topic that has drawn attention in recent years. Legal advocates have pointed to similar cases, including ongoing lawsuits involving companies like CVS, where patients with HIV have faced unnecessary hurdles to receiving medication and care.
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