The Office of Civil Rights (OCR) recently issued a bulletin reminding covered entities that it is particularly focused on ensuring that no instances of unlawful discrimination occur involving people with disabilities when making decisions about their treatment during the COVID-19 healthcare emergency. OCR enforces the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, the Age Discrimination Act, and Section 1557 of the Affordable Care Act which prohibits discrimination of Health and Human Services (HHS) funded health programs or activities.
Under these laws, persons with disabilities should not be denied medical care based on stereotypes, assessments of quality of life, or judgments about a person’s relative “worth” focused on the presence or absence of disabilities or age. Decisions by covered entities concerning whether an individual is a candidate for treatment should be based on an individualized assessment of the patient and his or her circumstances, following the best available objective medical evidence.
The OCR Director issued this statement, “HHS is committed to leaving no one behind during an emergency and helping healthcare providers meet that goal. Persons with disabilities, with limited English skills, and older persons should not be put at the end of the line for healthcare during emergencies.”
The bulletin can be found here.
Compliance Perspective
Failing to provide medical care to residents based on stereotypes, assessments of quality of life, or judgments about their relative “worth” with regard to race, color, national origin, disability, age, sex, and exercise of conscience and religion is considered a civil rights infringement and a breach of federal antidiscrimination laws, and may be deemed provision of substandard quality of care, in violation of state and federal regulations.
Discussion Points
- Review policies and procedures regarding the facility’s responsibility for providing unbiased quality care under federal antidiscrimination laws.
- Train staff regarding federal antidiscrimination laws and their responsibility to avoid discriminating against any resident with regard to their race, color, national origin, disability, age, sex, religious beliefs, or any other protected category. Staff should report any incident where such discrimination occurs to their supervisor or through the Hotline.
- Periodically audit by talking with residents and, when able, with their family members to determine if there are complaints of discrimination that have not been reported.
