Federal officials announced Friday they have reached an early case resolution with the state of Tennessee after it updated its Crisis Standards of Care (CSC) plan to ensure that the criteria does not discriminate against persons based on disability or age.
It’s the fourth such coronavirus-era agreement struck with a state following complaints filed by disability advocacy groups, the U.S. Department of Health and Human Services’ Office for Civil Rights said.
“We commend Tennessee for updating its policies to ensure that hospitals do not deny life-saving care during a crisis based on stereotypes about disabilities or other impermissible factors. Our civil rights laws reflect the principle that we are all created with equal dignity and worth.” said, Roger Severino, Federal Office’s Director.
OCR received a complaint from Disability Rights Tennessee and other advocacy organizations alleging that Tennessee’s CSC plan, titled “Guidance for the Ethical Allocation of Scarce Resources during a Community-Wide Public Health Emergency as Declared by the Governor of Tennessee” discriminates based on disability. Among other things, complainants alleged that Tennessee’s CSC would unlawfully disqualify individuals with advanced neuromuscular disease, metastatic cancer, traumatic brain injury, dementia, and other disabilities from use of a ventilator in times of scarcity.
They charged the Tennessee document would “permit and advise that in the context of a crisis like COVID-19, health care providers can discriminate on the basis of disability in violation of federal law.” Advocates said the guidelines excluded people with disabilities from critical care, including ventilators, in violation of the Americans with Disabilities Act.
For more information, go to: https://www.tn.gov/content
