United Press International; Friday March 27 4:14 PM EST
Michael Kirkland

The act forbids discrimination against the disabled, defined as anyone with a physical or mental impairment that greatly limits a "major life activity". HIV is the virus scientists believe causes AIDS.

The case, which will be argued before the Supreme Court Monday, involves an HIV-positive woman in Bangor, Maine, who sued under the ADA when her dentist insisted on treating a cavity in a hospital because of her condition.

On Capitol Hill this week, HIV health-care advocates at a Georgetown Law Center briefing expressed deep concern about the consequences of a possible Supreme Court decision limiting the scope of the ADA. Chai ("KYE") Feldblum, associate professor of law at Georgetown University Law

Center and chief legislative counsel for the disabled groups during the passage of the ADA, says there's no question Congress meant to protect those who are HIV-positive when it enacted the law: "Congress thought it was passing in 1990 a law that would protect an asymptomatic HIV individual. Of that there is no doubt."

Daniel Bruner is the senior lawyer for the Whitman-Walker Clinic, the principal Washington care-giver for poor AIDS and HIV patients. He has filed a friend-of-the-court brief in the Supreme Court case on behalf of the clinic and 15 other groups and individuals in the health-care field.

Bruner says, "HIV discrimination is a public health threat" because fear of discrimination or public scrutiny could keep HIV-positive patients from seeking health care.

In September 1994, Sidney Abbott arrived for a dental appointment at the office of Dr. Randon Bragdon. Abbott noted on her registration form that she had HIV but she did not exhibit AIDS symptoms.

Bragdon told Abbott she would have to be treated in a hospital setting, not his office, and she would have to pay for the hospital stay.

Abbott sued the dentist under a provision of the ADA that bans discrimination in public accommodations, such as doctors' offices, hotels or restaurants. She argued that her ability to reproduce was a "major life activity" that was limited by her impairment, and as such was protected by the ADA. The prime method of transmitting HIV is sexual contact.

A federal judge granted Abbott summary judgment, and a federal appeals court agreed that reproduction was a "major life activity" covered by the ADA. But lawyers for Bragdon argue that the ADA itself allows health care workers and others to treat the disabled differently when their disability represents a "risk" to others in the workplace.

The major professional organizations have come down on different sides of the case. The American Dental Association has filed a brief in support of Dr. Bragdon. The American Medical Association has filed a brief in support of Abbott and other patients.

The Clinton administation has sided with the patients. The Justice Department brokered a settlement March 10 with George Washington University Hospital after doctors there allegedly refused to operate on an HIV-positive patient who had suffered two strokes.

Under the settlement, the hosptial agreed not to allow its staff to discriminate against those with infectious diseases "unless medically appropriate."
980327
UP980308

Always watch for outdated information. This article first appeared in 1998. This material is designed to support, not replace, the relationship that exists between you and your doctor.

AEGiS presents published material, reprinted with permission and neither endorses nor opposes any material. All information contained on this website, including information relating to health conditions, products, and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals. Always discuss treatment options with a doctor who specializes in treating HIV.

Copyright ©1980, 1998. AEGiS. All materials appearing on AEGiS are protected by copyright as a collective work or compilation under U.S. copyright and other laws and are the property of AEGiS, or the party credited as the provider of the content. .