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(ADAP), the Bazelon Center for Mental Health Law, and other disability rights advocates, the state of Alabama has withdrawn its discriminatory ventilator rationing policy and instructed hospitals across the state that they cannot discriminate against people with disabilities in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 here and read the original complaint here.

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 statement here.

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 here and the guidance 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 more.

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

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 – 1 PM House-side Briefing Invite and RSVP here

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

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.

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.

The report is available to download here. The Bazelon Center gratefully acknowledges essential support for this report provided by the MacArthur Foundation’s Safety and Justice Challenge and the Ford Foundation.

BAZELON CENTER AND PARTNERS REACH GROUND-BREAKING SETTLEMENT AGREEMENT WITH STATE OF OHIO IN SPECIAL EDUCATION CLASS-ACTION LAWSUIT

A settlement agreement reached in the longstanding Doe v. State of Ohio special education class action lawsuit will improve the academic achievement of students with disabilities, in part by supporting their inclusion in regular classrooms. The settlement is expected over the next five years to improve the state’s support for special education throughout Ohio, as well as create measurable improvements in student performance and inclusion for children with disabilities in 11 of Ohio’s large urban school districts. Disability Rights Ohio (DRO), the Judge David L. Bazelon Center for Mental Health Law, and the law firm Steptoe & Johnson celebrate this agreement and thank Ohio Governor John Kasich, the Ohio Department of Education and the State School Board for their efforts to arrive at this important outcome. Read more about this case here.