John Doe v. Dynamic Physical Therapy, LLC, et al.

Title III of the Americans with Disabilities Act (“ADA”) and § 504 of the Rehabilitation Act (“RA”) require public accommodations that receive federal funding to provide reasonable accommodations for people with disabilities and prohibits discrimination based on a disability. In the decision below, the Louisiana First Circuit Court of Appeals held that, for any claims made during the COVID-19 emergency, these statutes are violated only if healthcare providers acted with “gross negligence or willful misconduct,” a standard based on the state’s public health emergency statute, the Louisiana Health Emergency Powers Act (“LHEPA”). La. R.S. § 29:771. This decision creates a paradox in which a plaintiff’s federal claims may be dismissed based purely on the incident timing, even when such dismissal is not supported by federal law. Additionally, the Louisiana Court of Appeals decision shields a provider who discriminatorily denies care to a patient. THE QUESTION PRESENTED IS: Whether a state procedural law that immunizes a healthcare provider from liability during a public health emergency may override a federal substantive claim based on the Americans with Disability Act and the Rehabilitation Act of 1973, effectively denying the corresponding remedy authorized by these federal statutes by forcing plaintiffs to meet a heightened standard to prove federal claims than provided for in the federal statutes.