HHS issues guidance to healthcare providers on civil rights protections for those with disabilities
The guidance clarifies that those with disabilities should not be prevented from receiving needed healthcare benefits and services.
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In a further bid to achieve health equity, the U.S. Department of Health and Human Services has issued guidance to healthcare providers on civil rights protections for people with disabilities.
The guidance, issued by HHS' Office for Civil Rights (OCR), makes clear that in light of the continuing public health emergency, when resources can be scarce, it's vital that those with disabilities are not prevented from receiving needed healthcare benefits and services, as this violates federal civil rights laws.
HHS Secretary Xavier Becerra said in a statement late last week that the COVID-19 pandemic has highlighted disparities in the U.S. healthcare system and that people with disabilities should not be discriminated against in crisis situations.
"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," he said.
WHAT'S THE IMPACT?
In the guidance, HHS clarified that federal civil rights laws apply to healthcare providers, including those administering COVID-19 testing, medical supplies and medication.
The 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 the law and provide examples of applicability.
OCR Director Lisa J. Pino said that when faced with scant resources, biases and stereotypes may impact decision-making at hospitals and other providers, necessitating a re-emphasis of federal civil rights laws that protect people with disabilities from discrimination.
According to HHS, the guidance supports President Biden's National Strategy for the COVID-19 Response and Pandemic Preparedness, which is meant to protect those at risk, advance equity, and address disparities in rates of infection, illness and death.
THE LARGER TREND
OCR has been a busy agency in recent years. Beyond its usual job of enforcing data breaches and other HIPAA violations, it has also been instrumental in the pandemic-era telehealth expansion. It's also currently weighing stakeholder feedback on substantial proposed changes to the HIPAA Privacy Rule.
More recently, OCR has been prioritizing enforcement of the HIPAA Right of Access rule, with levying several costly settlements in recent months.
Twitter: @JELagasse
Email the writer: jeff.lagasse@himssmedia.com
