In the Courts: SNF That Discharged HIV-Positive Patient Agrees to Nondiscrimination Measures

October 6, 2017 | Aging Services Risk Management


​A skilled nursing facility (SNF) that allegedly discharged a patient upon discovering that she was HIV-positive has entered into a voluntary resolution agreement with the U.S. Department of Health and Human Services' (HHS) Office for Civil Rights (OCR), according to a September 8, 2017, press release from OCR.

The patient was seriously ill and HIV-positive. The SNF allegedly discharged the patient because of her HIV infection status. This action violated Section 504 of the Rehabilitation Act of 1973 and Section 1557 of the Affordable Care Act, which prohibit health programs or activities that receive HHS funding from discriminating on the basis of disability. A parent of the patient...

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