STATE AND LOCAL GOVERNMENTS
The ADA applies to all State and local government programs, actions, and services. State and local governments include a wide range of entities and services, such as public schools, county hospitals, emergency responders, and county recreation centers. State and local governments must reasonably modify their policies, practices, and procedures; must provide auxiliary aids and services necessary for effective communication; and must make programs, services, and activities accessible to individuals with disabilities.
Health Care Providers
A health care provider, whether public or private:
—May not refer a patient with HIV or AIDS to another provider simply because the person has HIV or AIDS.
—May refer a person who requests or requires treatment or services outside the provider's area of expertise.
Exclusion of Individuals with HIV or AIDS
A public or private entity cannot exclude a person with HIV or AIDS unless that person poses a "direct threat" to the health or safety of others. A direct threat analysis must be individualized, finding a significant risk to the health or safety of others that cannot be eliminated or reduced to an acceptable level by reasonable modifications to policies, practices, or procedures.
Filing a Discrimination Complaint with DOJ
A person who believes that he or she is being or has been discriminated against because of HIV or AIDS by a public accommodation or a State or local government may file a complaint with the U.S. Department of Justice (DOJ).Individuals are also entitled to bring private lawsuits under the ADA.
To file a complaint with DOJ, visit www.ada.gov/aids.
Complaints may also be sent as follows:
By Mail:
U.S. Department of Justice
Civil Rights Division
Disability Rights Section
950 Pennsylvania Ave., NW - NYA
Washington, D.C.20530
By Fax: (202) 307-1197
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