Surgeon in HIV discrimination case loses Medicaid funding

The Department of Health and Human Services (HHS) Office of Civil Rights director Leon Rodriguez announced the termination of Medicaid funding to a California surgeon who intentionally discriminated against an HIV-positive patient by refusing to perform much needed back surgery. An order, issued by the HHS Departmental Appeals Board, concluded that the surgeon violated Section 504 of the Rehabilitation Act of 1973, which prohibits disability discrimination by healthcare providers who receive federal funds.

The order follows an Office for Civil Rights (OCR) investigation of a complaint filed by a patient who alleged that the surgeon refused to perform back surgery after learning that the patient was HIV-positive. OCR found that the surgeon discriminated against the patient on the basis of his HIV status in violation of federal civil rights laws.