A plastic surgery center in Winter Park accused of refusing to provide services to individuals with HIV and Crohn’s disease has reached a settlement agreement, according to the U.S. Department of Justice.
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U.S. Attorney Gregory W. Kehoe, of the Middle District of Florida, announced the settlement with Azad Plastic Surgery, led by Dr. Kamran Azad, in a news release Monday.
Under terms of the agreement, APS will pay $40,000 in compensatory damages, split evenly between the two complainants, according to the news release. The complaints alleged violations of the Americans with Disabilities Act.
When asked for comment, the facility’s office manager emailed a statement saying APS chose to settle even though it disagreed with “certain characterizations of the events leading to this matter.”
“Our decisions were guided by considerations related to patient care and surgical safety only,” the statement said. “Nevertheless, we have chosen to resolve the issue and continue moving forward with a focus on our patients and our community.”
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The U.S. Attorney’s Office opened its investigation after a man filed a complaint alleging the center refused to provide services because he is HIV positive, the news release said. During that investigation, the office received a complaint from a woman alleging she was refused services because she has Crohn’s disease, a type of inflammatory bowel disorder.
DOJ investigators determined APS discriminated against the complainants by refusing to schedule them for consultations because of their medical conditions. The news release said the facility relied on incorrect assumptions and stereotypes about HIV and Crohn’s disease, not current medical knowledge, when deciding to deny them access to services.
The settlement requires the facility to adopt and enforce a nondiscrimination policy against individuals with disabilities, train all personnel on the ADA’s nondiscrimination requirements, and report all disability discrimination complaints to the U.S. Attorney’s Office for the next two years.
The complaints fell under Title III of the ADA, which prohibits public accommodations — including professional offices of healthcare providers — from discriminating against individuals on the basis of disability. In general, it prohibits them from deny an individual, on the basis of disability, the opportunity to participate in or benefit from its goods or services.
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