Settlement Reached With Montgomery County Hospital Over Alleged Violations Of Americans With Disabilities Act

PHILADELPHIA – The United States has reached a settlement with Mercy Suburban Hospital (“Mercy”), in East Norriton, PA, to resolve alleged violations of title III of the Americans with Disabilities Act (“ADA”) for refusal to treat an HIV-positive patient at one of its facilities, announced United States Attorney Zane David Memeger.

According to the United States' allegations, in 2013, an HIV-positive patient was turned away from a Mercy bariatric facility without evaluation or treatment because the patient was HIV-positive. Under title III of the ADA, no person who owns, leases (or leases to), or operates a place of public accommodation may discriminate against an individual on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation.   

As a result of the United States’ investigation, Mercy has agreed to pay Complainant $20,000 and to pay the United States a civil penalty in the amount of $5,000.  In addition, Mercy has agreed to implement a non-discrimination policy, advertise that policy, and adequately train employees and contractors regarding the policy.  The settled civil claims are allegations only.  There has been no determination of civil liability, and Mercy denies any such liability.

This matter was based upon a Complaint filed with the United States Department of Justice by the AIDS Law Project of Pennsylvania.  The case was investigated by Assistant United States Attorney Jacqueline C. Romero.