Today, the Department of Health & Human Services (HHS) issued guidance to healthcare providers on civil rights protections for people with disabilities. The guidance, issued by HHS’ Office for Civil Rights, makes clear that in light of the continuing public health emergency, when resources can be scarce, it is vital that individuals with disabilities are not prevented from receiving needed healthcare benefits and services as this violates federal civil rights laws. In today’s guidance, HHS clarified that federal civil rights laws apply to healthcare providers, including those administering COVID-19 testing, medical supplies, and medication. These rules also apply to entities providing hospitalization, long-term care, intensive treatments, and critical care, such as oxygen therapy and mechanical ventilators. Additionally, federal civil rights laws apply to state Crisis Standard of Care plans, procedures, and related standards for triaging scarce resources that hospitals are required to follow. The FAQs remind healthcare providers of their obligations under law and provide examples of applicability.
