Author: Sarah Williams
Reviewed By: Brindusa Vanta
Having AIDS doesn’t disqualify an individual from assisted living. Indeed, discriminating against anyone because of their HIV or AIDS status is illegal. The Americans with Disabilities Act and Fair Housing Act prevent federally funded or government-operated housing providers from refusing admission to people with HIV or AIDS. These provisions extend to assisted living facilities.
However, individuals should always ensure a particular assisted living community can fully meet their needs before moving in; facilities can refuse services that are beyond their scope of expertise as long as such refusals aren’t solely based on HIV/AIDS status. For example, a facility may refuse admission if it doesn’t provide medication administration or nursing services the individual requires.
The ADA classes people with HIV and AIDS — asymptomatic and symptomatic — as having a disability and thus provides protection against discrimination. Per legislation, assisted living communities can’t refuse services, participation in activities or access to amenities based on someone’s HIV/AIDS status. Additionally, providers can’t charge extra for reasonable modifications or communication aids, and caregivers in assisted living communities should follow universal precautions for all residents, regardless of known HIV/AIDS or other illness diagnoses.
While the ADA prevents discrimination related to services, the Fair Housing Act prohibits discrimination related to housing. Additionally, the FHA covers services directly connected to a living arrangement, as with assisted living communities. Essentially, assisted living communities can’t deny housing to people with HIV or AIDS or refuse admission based on their condition. Additionally, housing providers that accept federal assistance, such as Medicaid or Medicare, must abide by the nondiscriminatory provisions of S.504 of the Rehabilitation Act.
People who feel that assisted living providers have acted unlawfully because of their HIV/AIDS status have several avenues of complaint. Area Agencies on Aging typically provide legal services directly or through contracts with local law firms to fulfill state obligations under the Older Americans Act. Alternatively, individuals may contact their local Aging and Disability Resource Center for guidance. People who face discrimination while living in a facility can obtain assistance and advocacy through the Long-Term Care Ombudsman Program.
