FOR IMMEDIATE RELEASE                                          CR
WEDNESDAY, JANUARY 11, 1995                        (202) 616-2765
                                               TDD (202) 514-1888

                                 JUSTICE DEPARTMENT OBTAINS $29,000 SETTLEMENT FROM CONNECTICUT
   DENTAL OFFICE FOR DISCRIMINATING AGAINST PERSON WITH AIDS

     WASHINGTON, D.C. --  A Connecticut dental office that
allegedly refused to treat persons with AIDS will pay $29,000 in
damages and penalties under an agreement signed today by the
Justice Department.
     The agreement resolves a complaint filed with the Justice
Department alleging that an East Hartford dental office violated
the Americans with Disabilities Act (ADA) by refusing to treat a
Hartford man who later died of AIDS.
     "Discrimination against people with AIDS is based on
unfounded fear, ignorance, and prejudice," said Assistant
Attorney General for Civil Rights Deval L. Patrick.  "There is no
medical or legal justification for dentists or other health care
providers to refuse to treat people with HIV or AIDS."
     The complaint, filed by the Legal Aid Society of Hartford
County on behalf of the resident, alleged that the man had
contacted the office, scheduled an appointment, and indicated
that he had AIDS.  The day before the scheduled appointment,
however, the office called him to cancel his appointment stating
that they would not treat patients with AIDS. 
     Under the agreement, the dental office will no longer
discriminate on the basis of a disability, pay $20,000 in
compensatory damages to the complainant's estate and $9,000 in
civil penalties to the U.S. treasury, publicize its policy of
non-discrimination, and train its staff in the appropriate
treatment of patients with HIV and AIDS.
     Title III of the ADA prohibits discrimination against
persons with disabilities in places of public accommodation, such
as medical offices.  Testing positive for HIV and having AIDS are
both considered disabilities under the ADA.
     The Centers for Disease Control and Prevention ("CDC") and
the American Dental Association have issued policy guidelines
stating there is no medical justification for excluding persons
from dental or orthodontic treatment solely on the basis of their
HIV-positive or AIDS status.  Both organizations recommend the
use of "Universal Precautions," infection control procedures to
prevent the transmission of bloodborne diseases, including HIV,
in the health care setting.   
     Occupational Safety and Health Administration regulations
require dental providers to use Universal Precautions in all
dental facilities for all patients, regardless of known HIV or
AIDS status.   
     "We believe that the vast majority of the dental profession
uphold their legal and ethical obligation to treat patients with
HIV and AIDS," Patrick added.  "But the Justice Department will
continue to pursue those who violate the law."
     In September, the Justice Department obtained $100,000 in
damages and civil penalties from a Houston dental provider for
refusing to treat an HIV-positive man.  Another suit, filed in
October 1993, against a New Orleans dentist is currently pending.
     The Justice Department has received and opened about 30
complaints alleging discrimination on the basis of AIDS.
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95-020