October 06, 2015
Mercy Suburban Hospital in East Norriton, Montgomery County, has agreed to pay $25,000 to settle a lawsuit from a patient who said the hospital refused to treat her because she had HIV.
Mercy will have to pay a $5,000 civil penalty plus $20,000 to the unnamed complainant, the U.S. Attorney's Office in the Eastern District of Pennsylvania announced Monday.
The complainant accused Mercy of violating title III of the Americans with Disability Act, which bans discrimination against people with disabilities. However, the hospital has not admitted to any wrongdoing or illegal conduct, and the settlement states that Mercy settled "solely to avoid further expense and uncertainty."
The case was brought forth by the AIDS Law Project of Pennsylvania on behalf of a woman who visited a bariatric surgeon at Mercy in July 2013. She said that a nurse told her the doctor couldn't perform surgery on a patient with HIV, but that doctor never examined her directly or review her past medical records.
As part of the settlement, Mercy had to write a new non-discrimination policy and post it "conspicuously" in the bariatric surgeon's office. It must train its employees on the new policy and on title III of the ADA.
Since Mercy is being acquired by another company, it must pay the $25,000 before that deal is finalized. A court approved the sale of the hospital to Prime Healthcare Services for $35 million in September.
The hospital's parent company, Mercy Health System, told the Philadelphia Business Journal that it is "dedicated to fostering a welcoming, compassionate environment for each and every patient" and "implementing a more robust non-discrimination policy."
See the full settlement here.
