HHS Issues New Guidance on Civil Rights Protections
On Feb. 4, the Department of Health & Human Services (HHS) announced via a news release that it issued guidance to healthcare providers on civil rights protections for people with disabilities.
The release states that “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.”
Further, “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.”
The guidance, according to the press release, is one of multiple comprehensive action steps taken by HHS to support President Biden’s “National Strategy for the COVID-19 Response and Pandemic Preparedness” to protect those most at risk, advance equity, and address disparities in rates of infection, illness, and death.
HHS Secretary Xavier Becerra was quoted in the release saying that “Our civil rights laws stand no matter what, including during disasters or emergencies, and it is critical that we work together to ensure equity in all that we do for all patients. The pandemic has shone a light on the disparities in our healthcare system and provided us with a new opportunity to address them in a meaningful way. Protecting people with disabilities from being discriminated against in crisis situations is a critical part of this work, and we are continuing to evaluate our operations Department-wide to ensure accessibility.”
The FAQs for healthcare providers can be found here.
