Woman Denied Plastic Surgery Because Of HIV Status: Feds

JOHNS CREEK, GA -- Advanced Plastic Surgery Solutions has reached an agreement with the U.S. Attorney's Office for the Northern District of Georgia to resolve allegations that it violated the Americans With Disabilities Act by refusing to operate on a patient because of her HIV status, the office said Monday.

Advanced Plastic Surgery Solutions, according to its website, is located at 6620 McGinnis Ferry Road in Johns Creek. The Americans With Disabilities Act bars healthcare providers from denying services based on disability or perceived disability. This includes a person's HIV status, the U.S. Attorney's Office adds.

"When a person is denied service because of a disability, it can be emotionally painful and, in this case, deprive a person of the medical care she desires," said U. S. Attorney Byung J. "BJay" Pak. "Our office remains committed to eradicating this type of discrimination wherever it may occur."

According to the complaint, a woman tried to schedule an initial appointment with Advanced Plastic Surgery Solutions to discuss cosmetic surgery. Her initial call was answered by a third-party call center the company retained to handle calls from prospective patients. After she revealed she had HIV, "the call center employee told the complainant that APSS doctors would not perform the procedure," the U.S. Attorney's office said.

The woman called back and spoke with an APSS employee, who confirmed that the business could not perform the surgery.

Under the settlement, APSS is required to draft new policies and procedures indicating that it does not discriminate against persons with disabilities, including anyone who has HIV or AIDS. It also has to conduct training for its employees, with a focus on HIV-related discrimination. APSS has agreed to pay $25,000 to compensate the complainant for her emotional distress, and pay a $10,000 civil penalty to the United States.

This matter was handled by Assistant U.S. Attorney Aileen Bell Hughes, who is the Civil Rights Enforcement Coordinator for the U.S. Attorney’s Office.

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