HHS-OCR Complaints Re COVID-19 Medical Discrimination

States: Washington, Alabama, Tennessee, Utah, Oklahoma, Connecticut, North Carolina, Oregon, Nebraska, Arizona, DC, Texas

Date Filed: 2020

Agency: U.S. Department of Health and Human Services, Office for Civil Rights

Overview: These complaints concern illegal disability discrimination in medical care that is putting the lives of people with disabilities at imminent risk during the COVID-19 pandemic. The complaints challenge discriminatory crisis standard of care plans, no-visitor policies, and inaccessible testing that violate federal disability rights laws, including the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act (Section 504), and Section 1557 of the Affordable Care Act (ACA).

Crisis Standard of Care Complaints

Washington

Alabama

Tennessee

Utah

Oklahoma

North Carolina

Oregon

Arizona

North Texas

No-Visitor Complaints

Connecticut

MedStar Health (D.C.)

Texas

MHHS Texas

Other Complaints

Inaccessible Testing: Nebraska

HHS-OCR Documents

HHS-OCR Bulletin: Civil Rights, HIPAA, and COVID-19

HHS-OCR Resolution: Alabama

HHS-OCR Resolution: Connecticut

HHS-OCR Resolution: Tennessee

HHS-OCR Resolution: Utah

HHS-OCR Resolution: Texas and North Carolina

HHS-OCR Resolution: Medstar Health

HHS-OCR Resolution: Arizona

FAQs for Healthcare Providers during the COVID-19 Public Health Emergency: Federal Civil Rights Protections for Individuals with Disabilities under Section 504 and Section 1557

Additional Resources

Webinar: Disability Discrimination in the Rationing of Life Saving COVID Treatment: Who Gets Left Behind?

Applying HHS’s Guidance for States and Health Care Providers on Avoiding Disability-Based Discrimination in Treatment Rationing

Evaluation Framework for Crisis Standard of Care Plans 

Evaluation Framework for Hospital Visitor Policies

AADMD Statement on People with IDD and the Allocation of Ventilators During the COVID-19 Pandemic

50 State Crisis Standard of Care Plan Overview

Examining How Crisis Standards of Care May Lead to Intersectional Medical Discrimination Against COVID-19 Patients

Press Releases

Federal Civil Rights Resolution Makes Clear Hospital Visitor Policies Nationwide Must Accommodate Patients with Disabilities During COVID-19 Pandemic

State and National Groups File Federal Complaint Against Nebraska for Inaccessibility of COVID-19 Testing Program

Resolution of Federal Civil Rights Complaint Raises the Bar in Prohibiting Medical Discrimination Against People With Disabilities During COVID-19 Pandemic

COVID-19 Hotspots Arizona and Texas Crisis Standard of Care Plans Challenged by State and National Groups in Federal Complaints

Resolution of Federal Complaint Amidst Nationwide COVID-19 Surge Raises Bar in Prohibiting Blanket DNRs, Medical Discrimination Against People With Disabilities

Amidst Nationwide COVID-19 Surge, Health & Civil Rights Groups Secure Federal Approval of Revised Crisis Standards of Care Guidelines in Texas

NC Increases COVID-19 Medical Rationing Protections for Disabled Patients

Coalition of Civil Rights Groups and Legal Scholars Release Report on Intersectional Medical Discrimination During COVID-19

MedStar Health Agrees to End Discriminatory Treatment of Patients with Disabilities in Federal Resolution

Civil Rights Groups Secure Federal Approval of Revised Crisis Standards of Care in Arizona

Related Media

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MyNorthwest: Advocacy group says people with disabilities could get denied COVID-19 treatment

AL.com: Alabama limit on ventilators discriminates against intellectually disabled, advocates claim

ProPublica: People With Intellectual Disabilities May Be Denied Lifesaving Care Under These Plans as Coronavirus Spreads

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NPR: HHS Warns States Not To Put People With Disabilities At The Back Of The Line For Care

NBC News: Ventilators limited for the disabled? Rationing plans are slammed amid coronavirus crisis

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cheddar: Alabama Cuts Policy That Made it Harder for Disabled Coronavirus Patients to Get Ventilators

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CT News Junkie: Disability Rights Groups File Complaint With Office of Civil Rights

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Eyewitness News 3: Formal discrimination complaint filed on behalf of people with disabilities

Disability Scoop: Hospital No-Visitor Policies Endanger People With Disabilities, Advocates Say

CNN: How hospitals make tough ethical calls about which lives to save during a pandemic

Hartford Courant: Advocates want parents of people with intellectual disabilities to be excused from Connecticut’s no-visit rule at hospitals during the coronavirus crisis

NPR: Federal Government Asked To Tell Hospitals Modify Visit Bans

The CT Mirror: Hospital visitor bans fail disabled patients, complaint says

U.S. News: Hospitals Ordered to Allow Support for Disabled Patients

CT News Junkie: Connecticut Settles Disability Complaint Over Hospital Visitation

Hartford Business Journal: CT, Hartford HealthCare resolve civil rights complaint over visitor restrictions

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