HHS OCR Resolves Federal Complaint Filed Against State of Tennessee by Bazelon Center and Partners

Today (June 26), the U.S. Department of Health & Human Services Office for Civil Rights (OCR) announced the resolution of a federal complaint filed against Tennessee, one of nearly a dozen complaints filed by a coalition of national disability advocates – the Judge David L. Bazelon Center for Mental Health Law, the Center for Public Representation, The Arc of the United States, Autistic Self Advocacy Network, Disability Rights Education and Defense Fund and Samuel Bagenstos — challenging states’ plans for rationing medical care during the COVID-19 pandemic as discriminating against people with disabilities. Medical rationing policies have disproportionately impacted Black people with disabilities, who have higher rates of COVID-19 infection and hospitalization. Today’s resolution sets a national precedent, with OCR building off earlier resolutions of complaints regarding Alabama’s and Pennsylvania’s plans and weighing in for the first time on the discriminatory impact of a number of provisions common in many states’ rationing plans. Read the announcement (PDF). Read the press release (PDF). Read the original complaint (PDF).

Bazelon Center and Partners File Preliminary Injunction Addressing Undue COVID-19 Risk at Mental Health Facilities

The Judge David L. Bazelon Center for Mental Health Law, the Connecticut Legal Rights Project, and Center for Public Representation this week (June 10) filed a motion for a preliminary injunction in a class action case challenging Connecticut’s failure to take adequate steps to protect residents of two state psychiatric hospitals from contracting and dying from COVID-19. Both hospitals, Connecticut Valley Hospital (CVH) and Whiting Forensic Hospital (WFH), have had outbreaks of the virus. Five patients at CVH have died from COVID-19. At CVH and WFH, Defendants have confirmed 73 cases of COVID-19 among patients and 64 cases among staff, since testing began. Read the full press release (PDF).

Bazelon Center and Eighteen Other Leading National Disability Rights Organizations File Amicus Brief in California v. Texas, Defending the Affordable Care Act 

This week (May 13), the Judge David L. Bazelon Center for Mental Health Law, American Association of People with Disabilities, the Disability Rights Education and Defense Fund, and 16 other leading disability rights organizations, represented pro bono by law firms Dentons and Baker Hostetler, filed an amicus brief with the US Supreme Court highlighting the crucial health care protections that Congress provided for people with disabilities in the Affordable Care Act (ACA). The ACA prevented people from being denied coverage or charged more due to pre-existing conditions and made coverage of needed services available and affordable to millions of people with disabilities for the first time. In March, the Supreme Court agreed to hear the case, formerly known as Texas v. US and now known as California v. Texas, which it will hear in the fall. Read the full press release (PDF). Read the amicus brief (PDF).

Bazelon Center and Partners Release Guidance on COVID-19 Hospital Visitation Policies

Today (May 15), the Bazelon Center and partners have released a guide setting forth what hospitals and doctors’ offices must do to comply with the ADA and other disability rights laws when there are no-visitor policies in place due to COVID. The guide explains the requirement to make reasonable modifications to such policies and to allow a person to bring someone else to support them when necessary to accommodate the person’s disability. Read the guide (PDF).

Bazelon Center Joins Connecticut Legal Rights Project in Federal Class Action Lawsuit Addressing the Spread of COVID-19 in Two Connecticut Psychiatric Hospitals

Yesterday (May 7) the Bazelon Center joined the Connecticut Legal Rights Project in a federal class action lawsuit addressing the spread of COVID-19 in two Connecticut psychiatric hospitals, where patients face grave risks to their health and safety as a result of the facilities failure to take adequate measures to protect residents, in violation of the Constitution, the Americans with Disabilities Act, and other laws.  The plaintiffs ask the state to take steps to ensure the safety of patients in two state psychiatric hospitals by discharging individuals to community services and ensuring adequate safety measures for those remaining in the hospitals. Read the complaint here.

Bazelon Center Urges Decrease of Number of Individuals in Psychiatric Hospitals during COVID-19

The COVID-19 pandemic has created enormous health risks for people confined in psychiatric hospitals. Today (April 15), the Bazelon Center released a statement urging states and localities to decrease the number of individuals in psychiatric hospitals during this pandemic by reducing admissions and accelerating discharges. Read a copy of the statement (PDF)

Bazelon Center and Partners Release Rationing Evaluation Tool

Together with other partners, the Bazelon Center today (April 9) released a tool for evaluating Crisis Standard of Care plans that ration scarce medical resources, in order to determine whether they comply with federal laws prohibiting disability discrimination. The tool contains six questions that are useful for scrutinizing these rationing plans. It is a companion to the guidance (PDF) that we and our partners released on April 3, 2020 applying HHS Office of Civil Rights’ bulletin concerning disability discrimination in medical rationing schemes. The tool, “Evaluation Framework For Crisis Standard of Care Plans,” is available to download (PDF). (Updated 6/26/20)

Alabama Withdraws Discriminatory Ventilator Rationing Policy and Issues Directive About Non-Discrimination in Accessing Life-Saving Treatment

On April 8, in response to a complaint filed with the U.S. Department of Health and Human Services Office for Civil Rights (OCR) by the Alabama Disability Advocacy Program (ADAP), the Bazelon Center for Mental Health Law, and other disability rights advocates, the state of Alabama has withdrawn its discriminatory ventilator rationing policy and instructed hospitals across the state that they cannot discriminate against people with disabilities in accessing treatment. The previous policy placed the lives of disabled adults and children at serious risk, in violation of federal law, by ordering hospitals to “not offer mechanical ventilator support for patients” with “severe or profound mental retardation,” “moderate to severe dementia,” and “severe traumatic brain injury.” Read the Press Release (PDF) and read the original complaint (PDF).

Bazelon Center Statement on the Urgency of Reducing the Jail Population During the COVID-19 Crisis

Today, April 6, 2020, the Bazelon Center for Mental Health Law released a statement urging all jurisdictions to: (1) Immediately release a majority of the individuals with mental illness held in jails, and (2) Take immediate steps to divert from jail the majority of individuals with mental illness who are arrested. Read the Bazelon Center Statement (PDF).

Large Coalition of National Disability and Health Advocacy Organizations Endorse Guidance On Preventing Disability Discrimination in COVID-19 Treatment Rationing

The Bazelon Center and partners released today (April 3) a guidance document for states and hospitals on avoiding disability discrimination in the event of rationing of life-saving medical treatment.  The guidance is based on the bulletin that the US Department of Health and Human Services Office for Civil Rights issued on March 28 concerning the requirements of federal disability rights laws in the context of rationing scarce medical treatment.  The guidance explains how the principles in HHS’s bulletin would apply in practical terms, what those principles mean for covered entities developing and implementing rationing protocols, and what concrete steps can be taken to comply with federal law.  The guidance is endorsed by nearly 90 national disability rights organizations. Read the press release (PDF) and the guidance (PDF) here.

Bazelon Center and Partners File Additional Complaints of Disability Discrimination in COVID-19 Treatment Rationing

On Tuesday, March 24, the Bazelon Center, together with the Alabama Disabilities Advocacy Program, the Arc of the United States, the Center for Public Representation, and Samuel Bagenstos, filed a complaint today with the U.S. Department of Health and Human Services Office for Civil Rights (OCR) contending that Alabama’s ventilator rationing plan discriminates against people with intellectual and cognitive disabilities, in violation of the Americans with Disabilities Act (ADA) and other laws. The complainants are ADAP and The Arc, on behalf of Alabamians with intellectual and cognitive disabilities who will likely die if medical professionals are allowed to withhold health care services from them on the basis of their disabilities. The complaints ask HHS to take immediate action to address this discrimination and assist local jurisdictions and providers to develop non-discriminatory approaches before there are lethal consequences to application of these illegal policies. The day before, we filed a complaint challenging Washington state’s discriminatory scheme to ration COVID-19 treatment. Read the Press Release (PDF)..

On Friday, March 27, we filed two additional complaints for the states of Kansas (PDF) and Tennessee (PDF). Read more about our Kansas complaint (PDF) and the Tennessee complaint (PDF).

JOIN THE COALITION FOR SMART SAFETY AND THE CONSORTIUM FOR CITIZENS WITH DISABILITIES RIGHTS TASK FORCE ON FEBRUARY 3, 2020 FOR HOUSE AND SENATE-SIDE BRIEFINGS

January 30, 2020 – On February 3, 2020, the Coalition for Smart Safety, a coalition of mental health, disability, civil rights, education, and privacy groups convened by the Bazelon Center and the National Disability Rights Network, together with the Consortium for Citizens with Disabilities Rights Task Force, is hosting congressional briefings titled Debunking the Myths:  Mental Health and Gun Violence. The House side briefing, presented in conjunction with Representatives Langevin and Napolitano, will be at 1 pm. The Senate side briefing, presented in cooperation with Senators Blumenthal and Casey, will be at 3 pm. See the invitations for details on the speakers and RSVP.

2/3/20 – Debunking The Myths: Mental Health and Gun Violence (PDF) – 1 PM House-side Briefing Invite and RSVP (PDF)

2/3/20 – Debunking The Myths: Mental Health and Gun Violence – 3 PM Senate-side Briefing Invite and RSVP (PDF)

THE BAZELON CENTER FOR MENTAL HEALTH LAW: DIVERSION TO WHAT? EVIDENCE-BASED MENTAL HEALTH SERVICES THAT PREVENT NEEDLESS INCARCERATION

October 1, 2019 – The Bazelon Center for Mental Health Law has released a report describing the essential community mental health services that must be expanded to divert people with significant psychiatric disabilities from the criminal justice system: Diversion to What? Evidence-Based Mental Health Services That Prevent Needless Incarceration (PDF).

Diversion to What? is designed to provide guidance to stakeholders engaged in efforts to reduce incarceration of people with psychiatric disabilities, laying out the types of services that should be the focus of such efforts. The report describes what those services do and how they are structured, and identifies the evidence demonstrating their success in reducing incarceration.

Download the “Diversion to What?” (PDF). The Bazelon Center gratefully acknowledges essential support for this report provided by the MacArthur Foundation’s Safety and Justice Challenge and the Ford Foundation.