United States Settles Claim Against New York Dermatology Practice Whose Medical Doctor Refused to Perform a Medical Procedure on an HIV-Positive Patient

Breon Peace, United States Attorney for the Eastern District of New York, announced today a settlement with Advanced Dermatology, P.C. (Advanced Dermatology), a New York-based practice with dermatology offices located throughout the metropolitan area and other states, resolving allegations that one of its medical doctors violated Title III of the Americans with Disabilities Act (the ADA), by refusing to perform a scheduled procedure on an individual with human immunodeficiency virus (HIV) until the end of the day after all other patients had been treated or reschedule his appointment for another day when no other patients were being treated. Title III of the ADA prohibits discrimination against individuals with disabilities in places of public accommodation such as medical facilities.  HIV is a disability that falls within the protection of the ADA. Advance Dermatology cooperated with the United States’ investigation and in resolving the matter.

“This settlement reflects this Office’s commitment to robust enforcement of the ADA and ensuring that patients with HIV have access to medical care,” stated United States Attorney Peace. 

This matter was initiated after the U.S. Department of Justice received a complaint from John Doe,[1] an individual who is HIV-positive.  John Doe alleged that a dermatologist employed by Advanced Dermatology at its Fresh Meadows, New York office refused to perform a Mohs micrographic surgery on a scheduled date and time. The surgical procedure had been scheduled to treat John Doe’s basal cell carcinoma.

The United States’ investigation determined that the dermatologist refused to perform the scheduled surgery, and that the dermatologist told John Doe that the reason for his refusal was John Doe’s HIV-positive status and concern for the safety of a technician working with the doctor. The dermatologist told John Doe that he would need to wait until the end of the day after all other patients had been treated or reschedule his appointment for another day when no other patients were being treated. John Doe left Advanced Dermatology that day without being treated. The United States determined that Advanced Dermatology discriminated against John Doe on the basis of his HIV status in violation of Title III of the ADA. 

Under the terms of the settlement, Advanced Dermatology will ensure that its policies and practices are brought into compliance with Title III of the ADA, adopt a non-discrimination policy establishing that Advanced Dermatology does not discriminate in providing services to those with disabilities, and train its staff annually about HIV/AIDS and discrimination. Advanced Dermatology will also pay a civil penalty of $15,000 to the United States.

The claims resolved by this settlement are allegations only and there has been no admission or determination of liability.  

This matter was handled by the Office’s Civil Division. Assistant U.S. Attorney David Cooper is in charge of the prosecution.