Disability Discrimination Complaint Filed Over Washington State’s Plan To Ration COVID-19 Treatment
- You can read The Arc's statement here
- You can read Disability Rights Washington's statement here
- What you can do to help (from DRW)
As COVID-19 cases increase, the experience in other countries and predictions of U.S. health officials is that there will not be enough acute care services or equipment, such as ventilators, to meet the demand of patients with the virus who require intensive treatment. Health care professionals in the United States are already developing protocols for responding to COVID-19, including treatment rationing that will determine who will and will not have access to life-saving treatment.
Self Advocates in Leadership (SAIL), Disability Rights Washington (DRW), and The Arc of the United States (The Arc) filed a complaint with the U.S. Department of Health and Human Services Office for Civil Rights (OCR) about their grave concerns that the plans being put in place put the lives of people with disabilities at serious risk and discriminate against people with disabilities in violation of 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).
The complaint calls on OCR to take immediate action to address this discrimination and assist local jurisdictions and providers to develop non-discriminatory approaches before there are lethal consequences to application of these illegal policies.
“I know already that intellectually disabled people get denied care because of being seen as lacking value,” said Ivanova Smith, Chair of Self Advocates in Leadership and individual complainant in the letter filed today with HHS OCR. “I deserve the same rights as anyone else. These policies discriminate against me and put my life at risk.”
“As COVID-19 sweeps our country, we are reminded once again that for far too long, the lives of people with disabilities have been undervalued. It is cruel that a person with a disability seeking medical treatment during this pandemic may not receive the care they need or they may be left to suffer or die because they are seen as less than or other. It is urgent that the federal government make very clear right now, on the front end of this health emergency, that it will swiftly enforce federal laws that protect against medical rationing plans discriminating against people with disabilities.
"We know this is just the beginning, and that there are many more days and months to come. The federal government must get it right, now, from the start. The lives of millions of people with disabilities across the nation are at stake – and those lives do have value,” said Peter Berns, CEO, The Arc.
YOUR CALLS WILL HELP
Call the Office of Civil Rights U.S. Department of Health and Human Services, Office for Civil Rights toll-free at: 1-800-368-1019, TDD: 1-800-537-7697 and ask them to issue guidance to prevent discrimination against people with disabilities in the rationing of healthcare in the COVID – 19 pandemic as detailed in the OCR Complaint filed by Disability Rights Washington, SAIL, and The Arc.Call Senators Cantwell and Murray as well as your Congressperson at (202) 224-3121 (US Capitol Switchboard) and ask them to contact the U.S. Department of Health and Human Services, Office for Civil Rights, to ask them to issue guidance to prevent discrimination against people with disabilities in the rationing of healthcare in the COVID – 19 pandemic.
Press coverage
- New York Times– “Will Disabled People Be at a Disadvantage for Scarce Coronavirus Treatment?”
- Seattle Times– “People with disabilities would suffer if coronavirus care is rationed, advocates say in civil-rights complaint”
- NPR– “Disability Groups File Federal Complaint About COVID-19 Care Rationing Plans”
- Associated Press–” Rights Groups: Coronavirus Treatment Plan Discriminates”
- Bloomberg Law– “Virus Stokes Discrimination Concerns From Disability Groups (2)”
- Kitsap Sun– “Washington rights groups: coronavirus treatment plan discriminates”
