Health care providers settle ADA claims over not treating patients with HIV

WASHINGTON—The U.S. Department of Justice has reached settlements with two health care providers who allegedly refused to service people with HIV in violation of the Americans with Disabilities Act.

The department said Sacramento, Calif.-based Mercy Medical Group Midtown Clinic and its parent, CHW Medical Foundation, agreed to pay $60,000 to the complainant and a $25,000 civil penalty, while Knoxville Chiropractic Clinic North in Knoxville, Tenn., is required to pay a $10,000 civil penalty.

The Justice Department announced the settlements on Friday and distributed its statement Monday.

According to the Justice Department, a man with HIV who went to the Mercy Medical Group in June 2011 incorrectly was told by a podiatrist that, although surgery was one of his treatment options, the doctor could not perform the surgery because of the risk he would contract HIV.

In the Knoxville case, a man with HIV was told during an initial chiropractic visit he required 24 subsequent appointments, but on this third visit was told the doctor would not see him because they could not treat people “like him.”

The settlement agreements also require the entities to develop and implement a nondiscrimination policy and to train staff on the ADA requirements, according to the Justice Department.

Spokesmen for the medical providers could not be reached for comment.