IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 

FORT WAYNE DIVISION 

UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) CIVIL ACTION NO. ) PAIN MANAGEMENT CARE, P.C., ) 

 ) 

 ) Defendant. ) 

 ) 

CONSENT DECREE 

I. Introduction 

1. This matter is before the Court for entry of a Consent Decree agreed upon by the 

Parties, Plaintiff United States of America and Defendant Pain Management Care, P.C. 

(“PMC”). The United States alleges that PMC discriminated against a person with HIV 

(“Complainant”), in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. 

§§ 12101 et seq., by refusing to treat him because he has HIV. More specifically, the United 

States alleges that 1) PMC denied Complainant the opportunity to participate in or benefit from 

PMC’s goods, services, facilities, privileges, advantages, or accommodations; 2) PMC used 

standards or criteria or methods of administration that have the effect of discriminating on the 

basis of disability; and 3) PMC imposed or applied eligibility criteria that screen out, or tend to 

screen out, an individual with a disability or any class of individuals with disabilities from fully 

and equally enjoying PMC’s goods, services, facilities, privileges, advantages, or 

accommodations. 

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2. This Court has jurisdiction over this action under 28 U.S.C. §§ 1331 and 1345, 

and 42 U.S.C. § 12188. The parties agree that venue is appropriate. The United States and PMC 

agree that it is in the Parties’ best interests, and the United States believes that it is in the public 

interest, to fully and finally resolve this matter on mutually agreeable terms without resort to 

protracted litigation. The Parties hereby agree and stipulate to the Court’s entry of all aspects of 

this Consent Decree in resolution of the United States’ Complaint against PMC. 

3. Plaintiff is the United States of America. 

4. Defendant is Pain Management Care, P.C., an Indiana based Professional 

Corporation, located at 2106 Ironwood Circle, South Bend, Indiana 46635. PMC provides pain 

management treatment at two clinical locations: 2106 Ironwood Circle, South Bend, Indiana 

46635, and 707 North River Drive #C, Marion, Indiana 46952. 

5. PMC is a public accommodation within the meaning of 42 U.S.C. § 12181(7). 

Accordingly, the parties hereby AGREE and the Court expressly APPROVES, ENTERS, AND 

ORDERS THE FOLLOWING: 

II. Injunctive Relief 

General Obligations 

6. PMC shall comply with the requirements of Title III of the ADA, 42 U.S.C. 

§ 12182, and its implementing regulation, 28 C.F.R. Part 36. The ADA prohibits discrimination 

on the basis of disability, including HIV, in the full and equal enjoyment of the goods, services, 

facilities, privileges, advantages, or accommodations of any place of public accommodation. 42 

U.S.C. § 12182(a); 28 C.F.R. § 36.201. That mandate includes, but is not limited to, the 

following: 

a. PMC shall not deny an individual on the basis of disability, including 

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HIV, the opportunity to participate in or benefit from its goods, services, facilities, privileges, 

advantages, or accommodations, pursuant to 42 U.S.C. § 12182(b)(1)(A)(i) and 28 C.F.R. 

§ 36.202; 

b. PMC shall not utilize standards or criteria or methods of administration 

that have the effect of discriminating on the basis of disability, including HIV, pursuant to 42 

U.S.C. § 12182(b)(1)(D) and 28 C.F.R. § 36.204; and 

c. PMC shall not impose or apply eligibility criteria that screen out, or tend 

to screen out, an individual with a disability or any class of individuals with disabilities 

(including HIV) from fully and equally enjoying its goods, services, facilities, privileges, 

advantages, or accommodations, unless such criteria can be shown to be necessary for the 

provision of the goods, services, facilities, privileges, advantages, or accommodations being 

offered, pursuant to 42 U.S.C. § 12182(b)(2)(A)(i) and 28 C.F.R. § 36.301(a). 

Non-discrimination Policies and Procedures 

7. Within 14 calendar days of the entry of this Consent Decree, PMC shall develop a 

written non-discrimination policy to be included in any internal policy handbook, guidance, or 

materials; post the policy on the front page of its website (currently at www.southbendpain.com); 

and include it on all external publications or advertisements. The policy shall state: “Pain 

Management Care, P.C., does not discriminate on the basis of disability, including HIV. All 

individuals, including persons with HIV, have an equal opportunity to treatment from Pain 

Management Care, P.C.” Additionally, PMC shall amend or remove any existing policies or 

statements that prescribe or indicate any denial or limitation of treatment for individuals with 

disabilities, including HIV. Within 14 calendar days of the entry of this Consent Decree, PMC 

shall send copies of all revised written materials to the United States for its review and approval. 

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8. PMC shall adopt and implement the written materials approved by the 

Department within 14 calendar days of receipt, and shall disseminate a copy of its new and/or 

modified policies and practices to all employees. Throughout the term of this Decree, PMC will 

disseminate these policies and practices to all new employees within 30 days of their hire. 

Training 

9. PMC shall provide ADA training to all of its management and employees that 

regularly interact with new or current patients within 60 calendar days of the entry of this 

Decree, and every year thereafter for the Term of this Consent Decree. 

10. The ADA Training shall address: 

a. the requirements of Title III of the ADA, including that individuals with 

HIV are covered by the ADA’s prohibition on discrimination; 

b. a general overview of the terms and obligations of this Decree; PMC will 

provide a copy of the Consent Decree to each training participant; 

c. the reporting obligations under Paragraphs 14-16 of this Decree; and 

d. PMC’s nondiscrimination obligations under the ADA, including 

specifically the “General Obligations” outlined at Paragraph 6 of this Decree. 

11. The ADA Training shall be conducted by an individual or individuals with 

substantive knowledge of the ADA and who is/are neither an employee(s) of PMC nor involved 

in the negotiation of this Decree. The ADA Training shall be conducted live, with a group 

opportunity to pose questions to the individual(s) conducting the training at the conclusion of the 

training session. 

12. PMC shall send to counsel for the United States for pre-approval the name(s), 

qualifications (including resume(s)), and contact information of the individual(s) who will 

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conduct the training, no later than 30 calendar days after the entry of this Consent Decree. The 

trainer must be pre-approved by the United States. 

13. For each session of the ADA Training conducted under this Consent Decree, 

PMC shall maintain attendance logs reflecting the date of the training, names and titles of 

attendees, and the attendees’ signatures. 

Reporting 

14. Initial Regular Report: Within 120 calendar days following the entry of this 

Decree, PMC shall submit a report to the United States confirming its implementation of the 

policies referenced in Paragraph 7-8 (“Non-discrimination Policies and Procedures”) as well as 

its fulfillment of the requirements of Paragraph 6 (“General Obligations”) and Paragraph 9-13 

(“Training”). PMC shall provide the Department with the attendance logs maintained for the 

ADA Training under Paragraph 13. 

15. Subsequent Regular Reports: For the Term of this Decree, every year on the 

anniversary of the due date of the Initial Regular Report, PMC shall submit a Subsequent 

Regular Report to the Department regarding its compliance with this Decree. The report shall 

include, for the period since the prior report to the Department, the following: 

a. All dates of the PMC’s ADA Training conducted pursuant to this Decree; 

b. All attendance logs associated with the ADA Training conducted pursuant 

to this Decree; and 

c. PMC’s continued fulfillment of the obligations of Paragraph 6 (“General 

Obligations”), Paragraphs 7-8 (“Non-discrimination Policies and Procedures”) and Paragraphs 9-

13 (“Training”). 

16. Immediate Reports: During the Term of this Decree, PMC shall notify the United 

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States within 10 calendar days of: 

a. The request for new treatment by any individual with HIV or for 

continued treatment by any individual whose HIV status becomes known to PMC. In such an 

instance, PMC will identify the individual by initials only, and the United States shall protect the 

confidentially of such information. Thereafter, PMC shall inform the United States of the status 

of the prospective patient’s request for treatment, and for any such individual who is denied 

treatment, provide an explanation, as well as documents (including, but not limited to, internal 

and external email correspondence), indicating why. 

b. The decision to stop treating any individual with HIV. Such notification 

shall include all documents (including, but not limited to, internal and external email 

correspondence) relating to the decision to stop treatment for the subject individual. 

c. Knowledge of any lawsuit, written complaint, charge, or other allegation 

that PMC has engaged in disability-based discrimination and/or violated the ADA with regard to 

a person with HIV. Such notice will include, at a minimum, a description of the nature of the 

allegation, the name(s) of the individual(s) bringing the allegation, and all documentation 

possessed by PMC relevant to the allegation. 

d. All reports required pursuant to this Agreement shall be delivered to the 

undersigned counsel or other person specified by the Department. 

III. Monetary Relief 

17. Within 90 calendar days of PMC’s receipt of a completed release, Attachment A, 

PMC agrees to pay and deliver $20,000 in compensatory damages to the Complainant identified 

by the United States by check made payable to the Complainant. 

 

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IV. Civil Penalty 

18. PMC shall issue a check in the amount of $10,000, payable to “U.S. Department 

of Justice – Civil Rights Division” as a civil penalty, pursuant to 42 U.S.C. § 12188(b)(2)(C) and 

28 C.F.R. § 36.504(a)(3). Counsel for Defendant shall deliver the check to counsel for the 

United States within five calendar days of the effective date of this Consent Decree. This check 

shall be sent via overnight courier delivery to: Chief, ATTN: US v. Pain Management Care, P.C. 

– DJ # 202-26-80, Disability Rights Section, Civil Rights Division, United States Department of 

Justice, 1425 New York Avenue, NW, 4th Floor, Washington, DC 20005. 

V. Implementation and Enforcement 

19. Effective Date: The effective date of this Decree is the date that the Court enters 

the Decree. 

20. Term: The duration of this Decree will be 30 months from the date of entry by the 

Court. 

21. Retention of Jurisdiction: The Court shall retain continuing jurisdiction for the 

duration of the Consent Decree to enforce the terms of the Consent Decree. The United States 

may apply to the Court for such further orders as may be necessary for, or consistent with, the 

enforcement of this Consent Decree. 

22. Non-Waiver: Failure by the United States to enforce any provision of this Consent 

Decree shall not be construed as a waiver of its right to enforce any provisions of the Consent 

Decree. 

23. Review: The United States may review compliance with this Consent Decree at 

any time. If the United States believes that this Consent Decree or any portion of it has been 

violated, it will raise its concerns with PMC and the parties will attempt to resolve those 

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concerns in good faith. The United States will give PMC 30 days from the date it notifies PMC 

of any breach of this Consent Decree to cure that breach before filing a motion for contempt or 

taking any other enforcement action. 

24. Severability: If any term of this Consent Decree is determined by any court to be 

unenforceable, the other terms of this Consent Decree shall nonetheless remain in full force and 

effect. 

25. Litigation Hold: The parties agree that, as of the date of entry of this Consent 

Decree, litigation is not “reasonably foreseeable” concerning the matters described in Paragraph 

1. To the extent that either party previously implemented a litigation hold to preserve 

documents, electronically stored information (ESI), or things related to the matters described in 

Paragraph 1, the party is no longer required to maintain such a litigation hold. Nothing in this 

paragraph relieves either party of any other obligations imposed by this Consent Decree. 

26. Binding Nature of Consent Decree: This Consent Decree shall be binding upon 

PMC, its agents, employees, and successors-in-interest. 

27. Authority: The signatories represent that they have the authority to bind the 

respective parties identified below to the terms of this Consent Decree. 

28. Entire Agreement: This Consent Decree, including Attachment A, constitutes the 

entire agreement between the United States and PMC on the matters raised herein and no other 

statement or promise written or oral, made by any party or agents of any party, that is not 

contained in this written Consent Decree, including its attachments, shall be enforceable. 

29. Other Violations: This Consent Decree shall have no impact upon the rights or 

claims of any other individual not identified in this Consent Decree who has made, or may make, 

claims against PMC for issues discussed herein. This Consent Decree is not intended to remedy 

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any other potential violations of the ADA or any other law, other than the violations alleged in 

the United States’ Complaint in the above-captioned matter. Nothing in this Consent Decree 

shall preclude the United States from filing a separate action under the ADA for any alleged 

violation not covered by this Consent Decree. 

SO ORDERED this 27th day of May, 2016. 

 

s/ Philip P. Simon 

Chief Judge, Northern District of Indiana 

 

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By their signatures below, the Parties respectfully consent to the entry of all aspects of this 

Consent Decree. 

Respectfully submitted this 7th day of April, 2016. 

FOR THE UNITED STATES OF AMERICA: 

DAVID A. CAPP 

United States Attorney 

Northern District of Indiana 

DEBORAH LEONARD 

Assistant U.S. Attorney 

Northern District of Indiana 

United States Attorney’s Office 

5400 Federal Plaza, Suite 1500 

Hammond, IN 46320 

(219) 937-5500 

deborah.leonard@usdoj.gov 

 

VANITA GUPTA 

Principal Deputy Assistant Attorney General 

Civil Rights Division 

 

EVE L. HILL 

Deputy Assistant Attorney General 

Civil Rights Division 

REBECCA B. BOND 

Chief 

KATHLEEN P. WOLFE 

Special Litigation Counsel 

AMANDA MAISELS 

Deputy Chief 

Disability Rights Section 

Civil Rights Division 

/s/ David W. Knight 

DAVID W. KNIGHT 

Trial Attorney 

Disability Rights Section 

Civil Rights Division 

U.S. Department of Justice 

950 Pennsylvania Avenue, N.W. – NYA 

Washington, DC 20530 

202-616-2110 

david.knight@usdoj.gov 

4/5/2016

Date 

 

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FOR PAIN MANAGEMENT CARE, P.C. 

/s/ Joseph Glazier 

DR. JOSEPH GLAZIER 

Pain Management Care, P.C. 

2106 Ironwood Circle 

South Bend, Indiana 46635 

April 6, 2016 

Date 

 

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Attachment A 

Release of Claims 

For and in consideration of the relief offered by Pain Management Care, P.C., d/b/a Pain 

Management Care (“PMC”) pursuant to the Consent Decree between the United States of 

America and PMC arising out of Department of Justice Investigation No. 202-26-80: 

I, __________________________, the Complainant who initiated Department of Justice 

Investigation No. 202-26-80, hereby release and forever discharge PMC and its current, past, and 

future officials, employees, and agents, of and from any legal and/or equitable claims arising out 

of the facts identified in the Complaint and/or Consent Decree related to Department of Justice 

Investigation No. 202-26-80. As a result, I agree and promise that I will not file any Americans 

with Disabilities Act-related suit, charge, complaint, proceeding or action at law, in equity, or 

otherwise in any court, or any other judicial or administrative forum against PMC arising out of 

the facts identified in the Complaint and/or Consent Decree related to Department of Justice 

Investigation No. 202-26-80. Excluded from this Release are any rights and claims that cannot 

be waived by law. 

This Release constitutes the entire agreement between myself and PMC, without 

exception or exclusion. 

I acknowledge that a copy of the Consent Decree has been made available to me. By 

signing this Release, I acknowledge that I have been provided the opportunity to review the same 

with an attorney of my choosing. 

This Release will be considered null and void in the event that PMC fails to deliver to me 

a check in the amount specified in the Consent Decree within ninety days of its receipt of this 

signed Release of Claims. 

I HAVE READ THIS RELEASE AND UNDERSTAND THE CONTENTS THEREOF 

AND I EXECUTE THIS RELEASE OF MY OWN FREE ACT AND DEED. 

__________________________ 

Date 

__________________________ 

Signature 

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