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Refusing access for HIV? ADA Complaints

A 2008 ADA settlement shows what can happen when a clinic refuses aquatic therapy to a person with HIV.

Published by Aquatic Therapy University2 min read

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First published February 21, 2024 on atuseminars.com

Did you know that the U.S. government might be interested in who you refuse to treat in your therapy pool? A 2008 ADA settlement shows exactly how.

Want to go deeper? Explore the Aquatic Therapy Precautions and Contraindications overview →

A 3D figure holds a magnifying glass.
Refusing a patient pool access because of HIV led to an ADA settlement.

Did you know that the U.S. government might be interested in who you refuse to treat in your therapy pool?

In 2008, an individual in Texas complained that a physical therapy office refused to provide him aquatic therapy because he has HIV. He sued under the ADA. The suit was settled. The office changed its policy and agreed not to deny physical therapy treatment to individuals with HIV or other disabilities, to post its nondiscrimination policy in its office, and to train its staff on the policy. The complainant was also compensated $2,500.

Find the ADA source here...(Look under "C: Other Settlements: Title III")

What the research says

  • Exercise helps people with HIV. A systematic review of 24 studies (936 participants) found aerobic exercise, alone or with resistance training, at least three times a week for at least five weeks was safe and improved fitness, strength, body composition and quality of life in adults living with HIV.1
  • Related reading. For blood-borne infections and pool water, see Ask Andrea: Does Hepatitis C transmit in the pool?

Treat the patient in front of you. The water is not the problem.

Frequently asked questions

What was the 2008 ADA complaint about?

A Texas man said a physical therapy office would not give him aquatic therapy because of his HIV status (Aquatic Therapy University, 2024).

How was the complaint resolved?

It settled: the clinic changed its policy, posted a nondiscrimination notice, trained staff and paid the complainant $2,500 (Aquatic Therapy University, 2024).

References

Research cited in this post

  1. Systematic review and meta-analysisO'Brien KK, Tynan AM, Nixon SA, Glazier RH. Effectiveness of aerobic exercise for adults living with HIV: systematic review and meta-analysis using the Cochrane Collaboration protocol. BMC Infect Dis. 2016;16:182. doi:10.1186/s12879-016-1478-2. PubMed: 27112335.

How to cite this article

First published February 21, 2024 on atuseminars.com · Last updated October 19, 2026 · Permanent URL: https://www.aquatictherapyuniversity.com/blog/refusing-access-for-hiv-ada-complaints

How to cite

Aquatic Therapy University. (2024, February 21). Refusing access for HIV? ADA Complaints. Aquatic Therapy University Blog. ATU Educational Services, LLC. https://www.aquatictherapyuniversity.com/blog/refusing-access-for-hiv-ada-complaints

Permissions: You may quote and cite this article with attribution. Reproducing or adapting the full article requires written permission from ATU Educational Services, LLC.

For education only; not a substitute for individual clinical judgment.