Woman With HIV Denied Care By Burlington Co. Home-Health Service: Feds

MARLTON, NJ — A Burlington County company that denied home-health services to a woman with HIV will settle out of court, federal authorities said Wednesday.

Comfort Hands — a home-health care provider based in Marlton — denied care to a 59-year-old woman because she had HIV, according to the settlement. Investigators found that the company violated the Americans with Disabilities Act (ADA) and other federal regulations by discriminating against a potential client based on her HIV status.

Multiple federal agencies — the U.S. Department of Justice (DOJ) and the Office for Civil Rights (OCR), of the Department of Health and Human Services — had investigated the matter.

Under the settlement, Comfort Hands agreed to implement a non-discrimination policy to ensure equal care for people with disabilities — including people with HIV or who are perceived to have the virus. The company must also provide mandatory non-discrimination training to all employees and pay the complainant $9,000.

"People with HIV should not face discrimination, especially from healthcare providers," U.S. Attorney Philip R. Sellinger said in a statement.

Comfort Hands did not admit to wrongdoing in the agreement. The company didn't return Patch's request for comment.

The complainant has needed home care since 2019. For reasons unrelated to HIV, she cannot walk and needs assistance to leave her bed, authorities said.

In May 2021, the woman worked with a support nurse case manager to find new home-health services. Comfort Hands responded to the case manager's request and identified an aide who could start immediately, according to the investigation.

Comfort Hands sent a home health aide, and the woman's HIV status never came up during the visit, the settlement agreement says. Shortly after the health aide left, a nurse from the company called the complainant to ask for her medication list.

The list included HIV medications. Shortly after, the nurse called back and said that Comfort Hands wouldn't provide services because of her HIV status, authorities said. As a result, the woman had no home health care for three or four days, according to the investigation.

The ADA prohibits places of public accommodation — such as businesses and nonprofits — from discriminating against people with, or perceived to have, disabilities. Federal investigators also found that Comfort Care violated anti-discrimination laws pertaining to entities receiving financial assistance from the Department of Health and Human Services.