Complaints Involving HIV-Infected Individuals

5140 - Complaints Involving HIV-Infected Individuals (Rev. 243; Issued: 06-12-26; Effective: 06-12-26; Implementation: 06-12-26) As direct recipients of Federal funds, providers and suppliers are subject to provisions of Section 504 of the Federal Rehabilitation Act of 1973. Symptomatic and asymptomatic individuals who are infected with the human immunodeficiency virus (HIV), or “AIDS virus,” are protected by the Rehabilitation Act as “individuals with handicaps.” Therefore, HIV-infected individuals who are provided services, are employed, or are to be employed by providers and suppliers in Federally-conducted or financed programs or activities would be treated like anyone else in the workforce, so long as these individuals do not, on a case-by-case basis, pose a substantial health and safety risk to others, or pose a performance problem, and are “otherwise qualified.” A provider participating in the Medicare or Medicaid programs cannot discriminate against individuals who are HIV-infected so long as these individuals do not, on a case- by-case basis, pose a substantial health and safety risk to others and so long as the provider provides comparable services and care to non HIV-infected individuals. The SA or the CMS location refers discrimination complaints to the Office of Civil Rights (OCR), which is the authority to determine whether Medicare or Medicaid providers and suppliers comply with this non-discrimination statute.