Filed Date: March 24, 2020
Closed Date: April 8, 2020
Clearinghouse coding complete
As COVID-19 cases increase, U.S. health officials predict that there will be shortages in ventilators and other medical resources needed to treat patients with COVID-19 requiring intensive care. In response, many states, including Alabama, are developing policies for how to ration care and determine who will have access to lifesaving treatment. The Alabama Department of Public Health’s Emergency Operations Plan instructs that when cases of ventilator rationing arise during health emergencies, hospitals are not to provide ventilators to people with certain intellectual and cognitive disabilities.
On March 24, 2020, two disability advocacy organizations—Alabama Disabilities Advocacy Program and the Arc of the United States—filed this complaint with the U.S. Department of Health and Human Services Office for Civil Rights (OCR) alleging disability discrimination in Alabama’s rationing protocol. The complainants claimed that the current ventilator rationing policy denies medical treatment based on underlying disabilities and puts the lives of those with disabilities at risk. Specifically, the complainants alleged that Alabama’s particular healthcare rationing plan violates federal disability rights law, 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 complainants are represented by counsel from the two disability advocacy organization alongside the Bazelon Center, Center for Public Representation, and Sam Bagenstos—a civil rights lawyer and professor at the University of Michigan Law School. A similar complaint (available on the Clearinghouse here) was filed against Washington State on March 23.
The complainants requested that OCR act quickly to investigate this complaint of disability discrimination and detail what Alabama health care providers must do to comply with federal disability rights law during the COVID-19 pandemic.
Prompted by this and other similar complaints, OCR on March 28, 2020 issued guidance explaining that disability discrimination was illegal and that hospitals and doctors cannot put people with disabilities or older people at the back of the line for care. The director of OCR opened an investigation of the complaint in Alabama. OCR and Alabama reached an early case resolution. Alabama withdrew its ventilator rationing policy and instructed hospitals that they cannot discriminate against people with disabilities in accessing treatment on April 8, 2020. In addition, Alabama put in place new Crisis Standards of Care Guidelines that contained important nondiscrimination provisions. On May 9, OCR found the Alabama Department of Public Health's actions satisfactory and closed its review.
Summary Authors
Emily Kempa (3/25/2020)
Averyn Lee (6/13/2020)
Bagenstos, Samuel R. (Michigan)
Brownstein, Rhonda C. (Alabama)
Costanzo, Cathy E. (Massachusetts)
Mathis, Jennifer (District of Columbia)
Wakschlag, Shira (District of Columbia)
Last updated Aug. 30, 2023, 1:46 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Alabama
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: March 24, 2020
Closing Date: April 8, 2020
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Two disability advocacy organizations
Plaintiff Type(s):
Non-profit NON-religious organization
Attorney Organizations:
NDRN/Protection & Advocacy Organizations
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Alabama Department of Public Health, State
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Affordable Care Act Section 1557, 42 U.S.C. § 18116
Special Case Type(s):
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Source of Relief:
Issues
Disability and Disability Rights:
Intellectual/developmental disability, unspecified
Discrimination Area:
Discrimination Basis:
Disability (inc. reasonable accommodations)
Medical/Mental Health Care: