Two hospitals resolve religious discrimination complaints over visitation during COVID-19

Two hospitals have updated their support visitation policies following complaints over denials by the facilities for a Catholic priest to come in to administer the sacraments of baptism and last rites.

The Office for Civil Rights at the U.S Department of Health and Human Services has announced the resolution of the religious discrimination complaints, ensuring clergy access to patients for religious purposes during the COVID-19 pandemic.

In the first case, in July, OCR's Conscience and Religious Freedom Division received a complaint from a mother alleging that after giving birth alone at MedStar Health System's Southern Maryland Hospital Center, she was separated from her newborn child because she had tested positive for COVID-19 upon admission to the hospital. 

Shaken by the involuntary separation, the mother requested that a Catholic priest be allowed to visit her newborn son to baptize him, but, according to her complaint, the hospital denied her request due to a visitor exclusion policy adopted in response to the COVID-19 pandemic.

In the second matter, in August 2020, the Diocese of Arlington, Virginia, filed a complaint alleging that Mary Washington Healthcare in Virginia would not permit a priest to provide the Catholic religious sacraments of Holy Communion and Anointing of the Sick to a COVID-positive patient who was in an end-of-life situation and whose family requested that the priest visit the patient to provide the sacraments.

After learning of the complaint filed with OCR and in light of the urgency of the patient's situation, Mary Washington Healthcare allowed the priest access, HHS said.

Shortly after, the family of a surgery patient in the hospital's intensive care unit also asked for a priest to visit to provide the religious sacraments. Although the patient was neither COVID-19 positive nor suspected of being positive, the provider would not allow the priest to visit.

Mary Washington Healthcare had designated the entire ICU as a COVID-19 unit, and restricted visitors from entering, except in end-of-life situations. Although the patient had just undergone a serious procedure, the case was not deemed to be an end-of-life situation. The Diocese of Arlington again filed a complaint with the Office of Civil Rights so that the ICU patient could receive religious support.

Both cases have been resolved based on CMS guidance explaining adequate and lawful access to chaplains or clergy in hospital visitations during the COVID-19 pandemic.

"This really is about compassionate care," said Roger Severino, director of the Office for Civil Rights at the U.S. Department of Health and Human Services.

WHY THIS MATTERS

While the OCR resolution pertains to two hospitals, these cases and CMS guidance set the prevailing policy going forward for all providers.

Visitor exclusion policies due to COVID-19 have prevented families from visiting loved ones in hospitals and nursing homes for the safety of patients, staff and visitors.

"It is the case that too many people are dying alone," Severino said.

As the number of COVID-19 deaths in the United States climbs to over 220,000 and hospitals in certain regions of the country are experiencing a new surge in cases, the no-visitation regulation is expected to remain in effect, along with the compassionate care policy.

THE LARGER TREND

The MedStar Health System updated its visitation policy for all 10 hospitals so that patients in COVID-19 positive units, as well as non-COVID-19 units, will be able to freely exercise their religion by receiving religious services from the religious leaders of their choice at any reasonable time, as long as the visit does not disrupt care.

Visiting clergy must follow hospital safety policies, including screening for COVID-19 infection, must follow proper infection prevention practices (such as handwashing/sanitizing and physical distancing), and must wear a face mask.

Mary Washington Healthcare's new policy allows patients in COVID-19 units to have access to clergy in compassionate care situations, including end-of-life situations. Clergy members must first complete scheduled infection-control training offered by the health system, use fit-tested PPE and sign an acknowledgement of the risks associated with visiting a COVID-19 patient. 

In extraordinary circumstances, where one or more of the above steps are not practicable, such as urgent end-of-life situations, clergy will be allowed to see a patient, but must self-quarantine for 14 days after the visit.

The updated visitation policy states that patients in non-COVID-19 units may exercise their religion by receiving clergy visitation at any reasonable time, as long as those services can be provided without disruption to care. 

Both Medstar Health System and Mary Washington updated their visitation policies to ensure that persons with disabilities could receive in-person assistance from designated support persons. This follows OCR's recent resolution with the State of Connecticut after the state issued an executive order regarding non-visitation policies to ensure that people with disabilities are not denied reasonable access. 

ON THE RECORD

OCR Director Roger Severino said, "We applaud the MedStar Health System and Mary Washington Hospital Center for ensuring that all of their patients can now receive religious support when they need it most. Compassionate care requires treating the body without sacrificing the soul, and these resolutions show how hospitals can do that safely even during a pandemic."

Twitter: @SusanJMorse
Email the writer: susan.morse@himssmedia.com