March 25, 2010

After Legal Complaint, Calif. Nursing Home to Offer Care for HIV-Positive Clients

California-based Windsor Rosewood Care Center (WRCC), a skilled nursing facility, has agreed to provide people living with HIV/AIDS equal access to their facilities following discrimination compliant to the Department of Health and Human Services Office for Civil Rights (OCR) filed by the Contra Costa Legal Services Department.

The complaint was issued on behalf of an HIV-positive Medicaid beneficiary whom the facility denied admission based on his status. This was deemed a violation of Section 504 of the Rehabilitation Act of 1973, a law that prohibits discrimination on the basis of a disability—including HIV—in programs or activities that receive federal funding.

“This Contra Costa County case should make it clear that we will not tolerate a nursing home denying admission to an individual solely because he is HIV positive,” said OCR director Georgina Verdugo. “The department is committed to ensuring access to health care for all Americans; and OCR will act diligently to eliminate unlawful discrimination in nursing homes and other health care settings.”

The settlement will also establish patient grievance procedures, which will notify patients of their right to file complaints. And WRCC staff will receive comprehensive HIV/AIDS training from the Pacific AIDS Education and Training Center.

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Previous Comments:

Pete Bromley, Birmingham , Al., 2010-03-30 18:34:33
YEs it is a beginning step in the correct direction to know that as a whole we will be denied the care we need even if it takes a court battle to win such rights to be treated equaly and fairly .

Charles, Milwaukee, 2010-03-30 15:27:50
Hello, thank you for the opportunity to read this article on Discrimmination against people with disabilities. I am very concerned and do hold in question the many Nursing Facilities and Homecare Providers throughout the state of Wisconsin for which discrimmination is allowed to continue against people with disabilities. I believe strongly that actions corrected were done in order. Hold them to their word. My case is still ongoing. Nothing has been done. Responses accepted from all.

George Maris, Charlottesville VA, 2010-03-25 16:29:18
This is just a mile stone but a a first step in a great direction.