Document 0663
 DOCN  M9590663
 TI    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.
 DT    9509
 SO    AIDS Policy Law. 1995 Mar 10;10(4):4. Unique Identifier : AIDSLINE
       AIDS/95700215
 AB    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.
 DE    Acquired Immunodeficiency Syndrome/*THERAPY  Employer Health Costs
       Human  Managed Care Programs/*LEGISLATION & JURISPRUD  NEWSLETTER
       ARTICLE

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