NC dental facility settles HIV discrimination claim

The U.S. Department of Justice (DOJ) has settled a claim with Night and Day Dental that stated a woman with HIV was discriminated against in violation of the Americans With Disabilities Act (ADA).

The justice department alleged that Night and Day Dental discriminated against the woman when the North Carolina-based facility refused to accept her as a new patient due to her HIV status. The practice also requires certain bloodwork results from patients with HIV before deciding whether to provide dental care, which is not medically necessary or recommended, according to the DOJ. Doing so creates an unfair barrier for HIV patients, the justice department said.

Under the settlement, Night and Day Dental will pay $30,000 to the woman. The facility will also train its staff on the ADA, develop and use a nondiscrimination policy, and report and explain to the department every time it either refuses to treat a person with HIV or stops providing treatment after learning of a patient's HIV status.

The settlement is part of the justice department's Barrier-Free Health Care Initiative that seeks to ensure people with disabilities, including those with HIV, have equal access to medical services.