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In response to a civil rights complaint filed by Disability Rights Pennsylvania (DRP) and other advocacy groups, the U.S. Department of Health & Human Services’ Office for Civil Rights (OCR) announced on April 16, 2020, that Pennsylvania has made changes to its proposed guidelines on rationing of scarce medical care resources needed to treat COVID-19 patients that better protect people with disabilities from discrimination. Guidelines can be found here.
DOH removed criteria that automatically deprioritized persons needing critical care on the basis of particular disabilities and has included language to ensure that no one will be denied care based on stereotypes, assessments of quality of life, or judgments about a person’s “worth” based on disabilities. Importantly, OCR cautioned that “[t]his result does not, however, preclude future OCR enforcement in cases of potential discriminatory implementation of Pennsylvania’s policies by any covered health care provider.”
The Guidelines include the following protections for people with disabilities:
While the above changes go a long way in ensuring that people with disabilities do not suffer from discrimination, DRP remains concerned about a number of the Guidelines’ principles:
First, in rationing care, the Guidelines allow health care providers to consider predictions about how long a person will live in the short term, including up to five years after treatment, due to a disability or medical condition unrelated to COVID-19. This rule could unfairly limit access to health care resources for people with disabilities. To avoid discrimination, health care providers should only consider a person’s immediate term survivability, that is, the likelihood of surviving COVID-19 if provided treatment.
Second, the Guidelines do not explicitly instruct health care providers that they are required under the law to make reasonable modifications to accommodate people with disabilities, including by:
To continue to advocate for the rights of people with disabilities on this issue, DRP is opening a Health Care Rationing Hotline during the pandemic. Individuals with disabilities or family members or caregivers of individuals with disabilities who experience discrimination in health care rationing, who are denied effective communication at the hospital, or who are prohibited from bringing a needed family member or staff with them in the hospital should contact DRP at 1.800.692.7334 ext 402.
DRP has also created a fact sheet to assist people with disabilities with questions or concerns about medical rationing. It can be found here.
On Wednesday, April 15, ADvancing States and the National Association of State Directors of Developmental Disabilities Services (NASDDDS) sent a letter to Congress outlining additional legislative requests to assist state aging, disability, and LTSS agencies as they respond to the COVID pandemic. Specifically, the letter requests:
Click here to read the full letter.
The Centers for Medicare and Medicaid Services released the inpatient rehabilitation facility prospective payment system (IRF PPS) proposed rule for fiscal year (FY) 2021. Due to the COVID-19 public health emergency and the demands that have been placed on the healthcare industry, CMS limited the rulemaking to essential policies and proposals to reduce provider burden and assist IRF’s, especially in the COVID-19 response. Some of the proposals include:
The proposed rule will be published in the April 21, 2020 edition of the Federal Register. A more in-depth analysis will be forthcoming following the publication. A fact sheet is also available for members to obtain additional information.
President Trump Announces Guidelines for Opening Up American Economy
FOR IMMEDIATE RELEASE
April 16, 2020
U.S. PRESIDENT, DONALD TRUMP: Guidelines Opening Up America Again
PHASE 1:
INDIVIDUALS
EMPLOYERS
SPECIFIC TYPES OF EMPLOYERS
PHASE 2: FOR STATES AND REGIONS WITH NO EVIDENCE OF A REBOUND AND THAT SATISFY THE GATING CRITERIA A SECOND TIME
INDIVIDUALS
EMPLOYERS
SPECIFIC TYPES OF EMPLOYERS
PHASE THREE: FOR STATES AND REGIONS WITH NO EVIDENCE OF A REBOUND AND THAT SATISFY THE GATING CRITERIA A THIRD TIME
INDIVIDUALS
EMPLOYERS
SPECIFIC TYPES OF EMPLOYERS
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