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Under a settlement with the US Attorney’s Office announced Tuesday, Dec. 3, Advanced Dermatology, P.C. – headquartered on Long Island in New Hyde Park – resolved allegations that one of its doctors violated the Americans with Disabilities Act (the ADA) by refusing timely care to a male patient.
The patient, who is HIV-positive, filed a complaint with the US Department of Justice alleging that a dermatologist refused to perform a scheduled Mohn micrographic surgery to treat basal cell carcinoma at the company’s office in Fresh Meadows, Queens.
Federal investigators concluded that the physician instead told the patient he would need to wait until the end of the day, after all other patients had been treated, or reschedule for a day when no other patients were present.
The doctor cited concerns over the safety of a technician working with him in refusing to perform the procedure at the appointed time.
“The U.S. Attorney’s Office determined that the refusal constituted discrimination under Title III of the ADA, which prohibits medical facilities and other public accommodations from discriminating against individuals with disabilities, including those with HIV,” the agency said in a statement.
“This settlement reflects this office’s commitment to robust enforcement of the ADA and ensuring that patients with HIV have access to medical care,” added US Attorney Breon Peace.
As part of the settlement, Advanced Dermatology agreed to pay a $15,000 civil penalty and implement ADA-compliant policies and practices.
The company will also adopt a non-discrimination policy explicitly protecting patients with disabilities, including HIV, and offer annual staff training on HIV/AIDS and discrimination.
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