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Case Name Settlement Agreement between the United States of America and Genesis Healthcare System under the Americans with Disabilities Act DR-OH-0003
Docket / Court docket unknown ( No Court )
State/Territory Ohio
Case Type(s) Disability Rights-Pub. Accom.
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
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 ... read more >
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.

Emily Kempa - 08/03/2019


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Provide antidiscrimination training
Recordkeeping
Reporting
Required disclosure
Training
Defendant-type
Hospital/Health Department
Discrimination-area
Medical Exam / Inquiry
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Access to public accommodations - privately owned
Medical/Mental Health
HIV/AIDS
Plaintiff Type
U.S. Dept of Justice plaintiff
Special Case Type
Out-of-court
Type of Facility
Non-government non-profit
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) Genesis Healthcare System
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.
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration 2015 - 2018
Filing Year 2015
Case Closing Year 2018
Case Ongoing No
Docket(s)
No docket sheet currently in the collection
General Documents
Settlement Agreement between the United States of America and Genesis Healthcare System under the Americans with Disabilities Act, DJ# 202-58-112
DR-OH-0003-0001.pdf | Detail
Date: 01/15/2015
Source: U.S. Department of Justice Civil Rights Division, Disability Rights Section
Justice Department Settles with Ohio Healthcare System Over HIV Discriminiation
DR-OH-0003-0002.pdf | Detail
Date: 01/15/2015
Source: U.S. Department of Justice Civil Rights Division, Disability Rights Section
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Plaintiff's Lawyers Schuller, Megan E. (District of Columbia) show/hide docs
DR-OH-0003-0001

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