Skip to main content
U.S. flag

An official website of the United States government

Here’s how you know

Dot gov

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

HTTPS

Secure .gov websites use HTTPS
A lock (LockA locked padlock) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

  • About HHS
  • Programs & Services
  • Grants & Contracts
  • Laws & Regulations
  • Radical Transparency
  • Big Wins
  • Information for Individuals
  • Filing a Complaint
  • Information for Providers
  • Newsroom
Breadcrumb
  1. HHS
  2. Civil Rights Home
  3. For Providers
  4. Compliance Enforcement
  5. Examples
  6. Post-Termination Compliance Agreement
  7. Bulletin
  • Civil Rights for Providers of Health Care and Human Services
    • Provider Obligations
    • Civil Rights Clearance for Medicare Provider Applicants
    • Compliance & Enforcement
      • Resolution Agreements
      • Enforcement Examples
    • Training
    • Resources for Covered Entities
    • Civil Rights Laws, Regulations & Guidance
      • Regulations Enforced by OCR
    • Civil Rights and COVID

Surgeon agrees to treat HIV-positive patients after losing federal funding

Bulletin

Immediate Release
Contact:  HHS Office for Civil Rights
1-800-368-1019
 
A California surgeon has voluntarily entered into a Post-Termination Compliance Agreement with the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) to restore his eligibility to receive federal funding from HHS.  The surgeon’s funding was terminated after OCR and the HHS Departmental Appeals Board concluded that he intentionally discriminated against an HIV-positive patient by refusing to perform needed back surgery, in violation of Section 504 of the Rehabilitation Act of 1973.  The Agreement requires comprehensive training by a certified continuing education provider on the treatment of patients with HIV and requires implementation of a new nondiscrimination policy. 
 
OCR enforces multiple civil rights laws that prohibit discrimination on the basis of race, color, national origin, disability, age, sex and religion by health care and human service providers.  Section 504 prohibits discrimination on the basis of disability, which includes HIV, by recipients of federal financial assistance.  When OCR determines that there has been a violation of the law, OCR seeks voluntary compliance and provides technical assistance to health care and human service providers.  Providers may take a number of corrective actions to ensure compliance, including changes to a policy, provision of a service, restoration of lost benefits, or a notice to clients and employees that steps have been taken to comply with a federal statute or regulation.  
 
This enforcement action supports the National HIV/AIDS Strategy and the National HIV Care Continuum, federally-coordinated efforts to reduce new HIV infections, increase access to care, improve health outcomes, and eliminate HIV-related stigma and discrimination.  Through the National HIV Care Continuum Compliance Review Initiative, OCR proactively provides technical assistance to hospitals and health care providers in cities with the highest rates of HIV/AIDS.  This Initiative helps ensure that health information is protected and individuals have meaningful access to necessary services.
 
Read the HHS Departmental Appeals Board Decision and the Post Termination Compliance Agreement  
 
To learn more about non-discrimination and health information privacy laws, your civil rights and privacy rights in health care and human service settings, and to find information on filing a complaint, visit us at http://www.hhs.gov/ocr/
 
Content created by Office for Civil Rights (OCR)
Content last reviewed December 15, 2015
Back to top

Subscribe to Email Updates

Receive the latest updates from the Secretary and Press Releases.

Subscribe
  • Contact HHS
  • Careers
  • HHS FAQs
  • Nondiscrimination Notice
  • Press Room
  • HHS Archive
  • Accessibility Statement
  • Privacy Policy
  • Budget/Performance
  • Inspector General
  • Web Site Disclaimers
  • EEO/No Fear Act
  • FOIA
  • The White House
  • USA.gov
  • Vulnerability Disclosure Policy
HHS Logo

HHS Headquarters

200 Independence Avenue, S.W.
Washington, D.C. 20201
Toll Free Call Center: 1-877-696-6775​

Follow HHS

Follow Secretary Kennedy