BROOKLYN, N.Y. – Advanced Dermatology, P.C., a New York-based dermatology practice with locations across the metropolitan area and other states, has agreed to a settlement with the U.S. Attorney’s Office for the Eastern District of New York following allegations that one of its doctors violated the Americans with Disabilities Act (ADA) by refusing to perform a scheduled procedure on an HIV-positive patient.
The U.S. Department of Justice investigation was initiated after a complaint was filed by John Doe, a pseudonym used to protect the patient’s privacy. According to the complaint, a dermatologist at Advanced Dermatology’s Fresh Meadows, Queens office refused to perform Mohs micrographic surgery to treat Doe’s basal cell carcinoma at the scheduled time, citing concerns about Doe’s HIV status. The dermatologist suggested rescheduling for another day or waiting until all other patients had been treated. The investigation determined this refusal violated Title III of the ADA, which prohibits discrimination against individuals with disabilities, including HIV, in places of public accommodation.
“Patients with HIV have the same right to medical care as anyone else,” said U.S. Attorney Breon Peace. “This settlement reflects our commitment to enforcing the ADA and ensuring that discrimination has no place in medical settings.”
As part of the settlement, Advanced Dermatology will implement ADA-compliant policies, adopt a non-discrimination policy regarding disabilities, and provide annual training for its staff on HIV/AIDS and anti-discrimination laws. The practice will also pay a $15,000 civil penalty to the United States.
Advanced Dermatology cooperated with the investigation and did not admit liability as part of the settlement agreement. The case was handled by Assistant U.S. Attorney David Cooper from the Civil Division.