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A woman with HIV filed a complaint with the Civil Rights Division of the U.S. Department of Justice against Genesis Healthcare Systems, alleging that she was discriminated against based on her disability and denied access to health care, in violation of Title III of the Americans with Disabilities Act (ADA). Specifically, she alleged that in April 2013 one of Genesis’s primary care physicians refused to accept her as a new patient because of her HIV, even though she was only seeking general medical care unrelated to HIV. As a result, she had to go to the local emergency room for non-emergency health issues.
Following an investigation, the Department of Justice found that Genesis had discriminated against the woman because of her HIV. In addition, the investigation revealed that it was this physician’s practice to refer any patients with HIV to an HIV specialist, even when the patient simply sought general medical care.
On January 15, 2015, the Department of Justice and Genesis reached a settlement agreement. Under the settlement, Genesis agreed to pay $25,000 in damages to the complainant and a $9,000 civil penalty. Genesis also was required to train its staff on the ADA, develop and implement non-discrimination policies, and report to the department every time a person with HIV was not accepted as a patient or discharged from treatment. In the report, Genesis was required to provide a written justification for the decision to deny care to a patient with HIV. The settlement agreement was to remain in effect for three years until January 15, 2018.
This settlement agreement was part of the DOJ's Barrier-Free Health Care Initiative, a partnership of the Civil Rights Division and U.S. Attorney’s offices to target enforcement efforts on access to health care.
We have no information to indicate that there were any further reported issues, so we assume the case is closed.
Summary Authors
Emily Kempa (8/3/2019)
Schuller, Megan E. (District of Columbia)
Last updated Aug. 30, 2023, 1:48 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Ohio
Case Type(s):
Key Dates
Closing Date: Jan. 15, 2018
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Department of Justice Civil Rights Division, to enforce the rights of a woman with HIV seeking a primary care physician at Genesis Healthcare System.
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Genesis Healthcare System (Zanesville, OH, Muskingum), Non-profit or advocacy
Defendant Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Special Case Type(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Amount Defendant Pays: $34,000
Order Duration: 2015 - 2018
Content of Injunction:
Develop anti-discrimination policy
Provide antidiscrimination training
Issues
General:
Access to public accommodations - privately owned
Discrimination-area:
Discrimination-basis:
Disability (inc. reasonable accommodations)
Medical/Mental Health:
Type of Facility: