The Office for Civil Rights (OCR) at the US Department of Health and Human Services (HHS) announced it has reached an early case resolution with the state of Utah after it revised its crisis standards of care (“CSC”) guidelines to ensure that such criteria do not discriminate against persons on the basis of age and disability. This is OCR’s seventh resolution with a state regarding discrimination concerns during COVID-19. OCR received a complaint from the Disability Law Center alleging that provisions of the 2018 Utah CSC guidelines and its 2020 Annex discriminate based on disability. The complaint alleges that Utah’s guidelines unlawfully disqualify persons with advanced neuromuscular disease, dementia, Cystic Fibrosis, and other disabilities requiring assistance with daily living from receiving lifesaving care during a public health emergency. The complaint also alleges that guidelines rely on assessment tools that deprioritize people with disabilities for conditions unrelated to their ability to survive Covid-19.
