Texas Orthopedic Surgeon Settles HHS Investigation Regarding Discriminatory Practices

An Austin, Texas-based orthopedic surgeon has agreed that he and his staff will not deny or withhold treatment for patients because they are HIV-positive as part of a settlement reached with HHS’ Office for Civil Rights, according to an HHS news release.

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The settlement agreement will bring the surgeon into compliance with Section 504 of the Rehabilitation Act of 1973, which requires recipients of federal financial assistance, including as Medicare or Medicaid payments, to ensure that qualified individuals with disabilities, including those with HIV/AIDS, have equal access to their services.

The settlement follows an investigation into the surgeon’s practice after an HIV-positive Medicare beneficiary filed a complaint alleging that the surgeon would not treat him because of his HIV status.

As part of the agreement, the surgeon’s office will establish a non-discrimination policy, implement patient grievance procedures, inform patients of their right to file a complaint with OCR and staff members will receive additional training regarding non-discriminatory policies.

Read the HHS release on the orthopedic surgeon’s settlement for discriminatory practices.

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