Federal law protects AIDS patients on managed-care plan, judge rules. Clearinghouse, P.O. Box 6003, Rockville, MD 20849-6003. 800-458-5231 ext. 5023.

Important note: Information in this article was accurate in 1995. The state of the art may have changed since the publication date.

Federal law protects AIDS patients on managed-care plan, judge rules. Clearinghouse, P.O. Box 6003, Rockville, MD 20849-6003. 800-458-5231 ext. 5023.

AIDS Policy Law. 1995 Mar 10;10(4):4. Unique Identifier : AIDSLINE AIDS/95700215

Abstract: A managed-care plan physician was sued by his AIDS patient under the Rehabilitation Act and the Americans with Disabilities Act (ADA). The patient argued that his physician treated him like an outcast because he was HIV-positive and that the doctor never made any bona fide medical judgments about his condition. The doctor argued that the Rehabilitation Act and the ADA did not apply to medical benefits. The court stated that a primary-care physician who receives federal funds to provide health care benefits may not withhold medical benefits, without reasonable accommodation, solely based on a participant's disability, but may only act pursuant to a bona fide medical reason. The court cited case law showing that the physician fell within the purview of the ADA because private hospitals and health-care providers are places of public accommodation. The court also held that nothing in the language of the ADA law required the patient to prove the doctor treated all HIV-positive patients differently than HIV-negative patients. Punitive damages could also be considered against a physician who refused to treat his patient because of the patient's HIV status.

Keywords: Acquired Immunodeficiency Syndrome/*THERAPY Employer Health Costs Human Managed Care Programs/*LEGISLATION & JURISPRUD NEWSLETTER ARTICLE
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