An HIV-positive man will receive $20,000 from a Bucks County weight-loss surgical facility that allegedly refused to treat him because he’s HIV-positive, under a settlement reached with the U. S. Justice Department.
In October 2009, the man was allegedly denied weight-loss surgery at Barix Clinics of Pennsylvania in Langhorne because of his HIV-positive serostatus.
An investigation was conducted by the DOJ, which determined that Barix violated the Americans with Disabilities Act when turning the man away.
The man isn’t identified by name in the settlement.
In May 2012, Barix allegedly delayed performing weight-loss surgery on another HIV-positive man, Frank Hill, at its surgical facility in Ypsilanti, Mich.
The DOJ determined that Barix violated the ADA in that incident as well.
Hill will receive $15,000 from Barix within 30 days, according to the settlement.
However, Barix denies any wrongdoing in both incidents.
The company agreed to settle “to avoid further expense and uncertainty,” according to the settlement announced last week.
Barix also must pay the government a civil penalty of $10,000, under terms of the settlement.
Additionally, Barix must begin training its clinical staffers about HIV issues within 30 days.
Within 45 days, Barix must develop and implement an HIV-inclusive antibias policy covering people with HIV/AIDS.
For the next three years, the antibias policy must be displayed prominently at Barix facilities.
If Barix denies or delays weight-loss surgery for another person with HIV, it must provide written justification of that action to the DOJ within 14 days.
Tony James, president of Barix’s Langhorne facility, had no comment.
Trevor Dyksterhouse, president of the Barix’ Ypsilanti facility, also had no comment.
Ronda B. Goldfein, executive director of the AIDS Law Project of Pennsylvania, expressed satisfaction with the settlement.
“We assisted the complainant [denied services] at the Pennsylvanila facility,” Goldfein told PGN. “We played an instrumental role in developing the case. And we’re pleased that the DOJ has reached this important settlement.”
Both men signed the settlement, which is posted on the DOJ’s website.
In a press release, Barbara L. McQuade, U.S. Attorney for the Eastern District of Michigan, said: “Blanket exclusions of patients with HIV are misguided and illegal. Under the law, caregivers cannot withhold care unless the decision is based on current medical knowledge about the particular patient and condition, not on stereotypes about a disability.”