Advanced Dermatology to pay $15G fine after doctor refused to perform procedure on HIV-infected patient

A New York-based dermatology practice with offices on Long Island will pay $15,000 in penalties after a doctor refused to perform a procedure on an individual with HIV and violated the Americans with Disabilities Act, according to Breon Peace, the U.S. Attorney for the Eastern District of New York.

Peace announced Tuesday that Advanced Dermatology P.C., which has offices throughout Long Island, the metropolitan area and in other states, must pay the civil penalty as well as update its policies after an investigation found it violated Title III of the ADA.

"This settlement reflects this Office’s commitment to robust enforcement of the ADA and ensuring that patients with HIV have access to medical care," Peace said in a statement.

The U.S. Department of Justice said it investigated Advanced Dermatology after it received a complaint from an HIV-positive patient who used a pseudonym to protect his privacy.

The investigation found that a dermatologist employed at Advanced Dermatology's Fresh Meadows, Queens, office at 58-47 188th St. refused to perform a Mohs micrographic surgery to treat the patient's basal cell carcinoma.

Due to his HIV-positive status and concern for the safety of a technician, the dermatologist told the man he either should wait until the end of the day after all other patients had been treated or reschedule his appointment for another day when no other patients were being treated, Peace said.

The patient left Advanced Dermatology that day without being treated.

Peace said the investigation confirmed Advanced Dermatology discriminated against John Doe based on his HIV status in violation of Title III.

The law prohibits discrimination against individuals with disabilities, including HIV, in places of public accommodation such as medical facilities.

In addition to a civil penalty of $15,000, Advanced Dermatology must ensure that its policies and practices are brought into compliance with Title III, under terms of the settlement.

It must also adopt a nondiscrimination policy establishing that Advanced Dermatology does not discriminate in providing services to those with disabilities, and train its staff annually about HIV/AIDS and discrimination, Peace said.

According to its website, Advanced Dermatology has 14 offices throughout Long Island, with 42 locations total in New York, New Jersey, Connecticut and Pennsylvania. 

Advanced Dermatology did not immediately respond to a request for comment.