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Lawyer offers insights on treating HIV/AIDS patients

In the Courts. By Tanya Albert, amednews staff. Sept. 9, 2002.

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This month, In the Courts talks to lawyer Daniel Bruner about what physicians need to know about the legalities of treating patients with HIV/AIDS. New medications are helping people with HIV/AIDS live longer and legal experts believe physicians will encounter a host of new situations as a result.

Bruner is the associate director for litigation and advocacy at the Whitman-Walker Clinic Legal Services in Washington, D.C. The clinic has historically provided medical and social services to the gay and lesbian community and has provided pro bono legal services for 15 years.

Bruner has counseled and represented patients with HIV/AIDS who have encountered discrimination from physicians, dentists and hospitals. Here's what he had to say:

Question: What are the laws that apply to HIV discrimination by physicians?

Answer: The Americans with Disabilities Act, and the laws of many states and some municipalities and counties, prohibit discrimination based on "disability" (or "handicap") by "public accommodations." HIV infection is recognized by most courts and state and local human rights commissions to be covered by these laws. The ADA and many state and local disability discrimination laws define a "public accommodation" to include medical clinics and doctors' offices as well as hospitals.

In addition, the federal Rehabilitation Act prohibits anyone who receives "federal financial assistance" from discrimination based on disability. The courts have ruled that physicians, clinics and hospitals that participate in Medicare, Medicaid or any other federal (or joint federal-state) health care program are covered by the nondiscrimination requirement of the Rehabilitation Act. [...]