Published April, 2020

Applying HHS's Guidance for State and Health Care Providers on Avoiding Disability-based Discrimination in Treatment Rationing, The Arc of the U.S., et al (April 3, 2020)

Experts in federal disability antidiscrimination laws developed this document to provide a more detailed explanation of how to apply the requirements set forth in the U.S. Department of Health and Human Services (HHS) March 28, 2020 guidance, and how states and health care providers can take steps to modify policies and practices to avoid disability discrimination. The HHS Bulletin, entitled “Civil Rights, HIPAA, and the Coronavirus Disease 2019 (COVID-19),” offered broad guidance on the obligations of states and health care providers to comply with federal disability rights laws in developing treatment rationing plans and administering care in the event of a shortage of medical equipment, hospital beds, or health care personnel.