Eye Surgery Practices Agree to Pay $1 Million and End Discriminatory Policies

January 20, 2023

The Justice Department announced it filed a proposed consent decree with Barnet Dulaney Perkins Eye Centers (BDP) and American Vision Partners (AVP), to settle its lawsuit saying the eye care practices violated the Americans with Disabilities Act. The lawsuit alleged that BDP and AVP refused to operate on certain patients who needed assistance transferring from their wheelchairs for surgery and required other such patients to pay for third-party medical transport and transfer assistance. 

 

BDP and AVP agreed to end their policies of denying surgery and not allowing staff to provide transfer assistance to people with mobility disabilities. BDP operates eye care facilities throughout Arizona, and AVP partners with eye care providers in Arizona, New Mexico, Nevada and Texas. These eye care providers will also train staff on the new policy requirements and on safe transfer techniques, and pay $950,000 to patients and prospective patients who were harmed by its policies and a civil penalty of $50,000.

 

For more information, see the Justice Department announcement.