The U.S. Supreme Court ruled that Louisiana courts must reconsider the case of a man who was denied access to a physical therapy clinic’s pool because he has human immunodeficiency virus (HIV).
The Supreme Court issued a brief, unsigned opinion in Doe v. Dynamic Physical Therapy LLC on Dec. 8 without conducting an oral argument in the case. No justices dissented.
After complaining of back pain, the petitioner, identified as John Doe, was referred by his health care provider to the respondent, Dynamic Physical Therapy, for heated aquatic therapy, according to Doe’s petition. Aquatic therapy, also known as aqua therapy or hydrotherapy, is a kind of physical therapy that typically takes place in a swimming pool.
After the state Medicaid office approved the treatment on Dec. 21, 2020, on Dec. 30 of that year, a physical therapist employed by the respondent determined that Doe would benefit from the aquatic therapy and scheduled a therapy appointment for the next day.
No employee of the respondent gave Doe an opportunity to provide information about his HIV status to determine if he should avoid the therapy, according to the petition. If Doe had been asked, the respondent would have discovered his HIV “was undetectable and untransmissible,” the petition said.
Before the Dec. 31, 2020, appointment, the therapist told Doe that the respondent would not provide the therapy because he is HIV-positive.
“HIV can only be a contraindication for aquatherapy in the limited circumstance that the patient is seriously immunocompromised,” the petition said, citing the Centers for Disease Control.
The CDC has said that those with HIV who manage their condition and have a stable status can participate safely in aquatic therapy as long as they follow hygienic practices and consult a health care provider before beginning a new exercise regimen, the petition said.
“The choice to issue a blanket-denial to HIV-positive patients was allegedly in the interest of safety, and it drew upon outdated, generalized fears about HIV. The CDC does not have any reported instances where HIV was transmitted through water, at least in part because chlorine kills germs found in blood,” the petition said.
Doe sued in state court in Louisiana, alleging that the respondent violated the federal Americans with Disabilities Act, a Louisiana civil rights statute, and the federal Rehabilitation Act. The Rehabilitation Act forbids discrimination against people with disabilities who are participating in programs that receive federal funds.
Louisiana courts threw out Doe’s federal disability claims under state law, finding that the respondent could not be sued because a state law confers immunity on health care providers from lawsuits arising during public health emergencies such as the COVID-19 pandemic, the petition said.
Dynamic Physical Therapy filed a brief urging the Supreme Court not to take up the case.
The state courts correctly blocked Doe’s lawsuit, the brief said, noting that states have authority under the U.S. Constitution’s 10th Amendment to “regulate liability for health care providers during a declared public health emergency.”
The Supreme Court said in its written opinion that the Louisiana Court of Appeal erred when it found the state law precluded Doe’s federal claims.
“Defining the scope of liability under state law is the State’s prerogative. But a State has no power to confer immunity from federal causes of action,” the opinion read. A cause of action is a set of facts that provides a legal basis for suing someone.
Referencing Article VI of the U.S. Constitution, the opinion said, “‘the judges in every State’ are bound to follow federal law, ‘anything in the Constitution or Laws of any state to the Contrary notwithstanding.’”
“Plaintiff’s federal claims may well fail on other federal grounds. But that is for the Louisiana courts to decide in the first instance,” the opinion said.
The high court reversed the judgment of the Louisiana Court of Appeal and sent the case back to that court “for further proceedings not inconsistent with this opinion.”
