The COVID-19 pandemic poses serious challenges, with projections showing that the need for life-saving treatment may far exceed both the capacity and resources of the U.S. healthcare system. This raises concerns, as states and hospital develop protocols for rationing care, namely making decisions as to who should or should not receive care and, if they do, what level of care. Presenters will discuss the application of disability rights laws, such as the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, to these decisions, including recent guidance from HHS' Office of Civil Rights. Presenters will also discuss recent federal and state-level legal and policy advocacy to prevent disability discrimination in access to COVID-19 treatment.
Alison Barkoff, Director of Advocacy, Center for Public Representation
David Carlson, Director of Advocacy, Disability Rights Washington
Samantha Crane, Director of Public Policy, Autistic Self Advocacy Network (ASAN)
- Jennifer Mathis, Director of Policy and Legal Advocacy, Bazelon Center for Mental Health Law
- Ivanova L. Smith, Washington Disability Rights Activist.
- Shira Wakschlag, Director, Legal Advocacy & Associate General Counsel, The Arc of the United States
Joint Sponsor: ABA Commission on Disability Rights
Co-Sponsors: ABA Commission on Hispanic Legal Rights & Responsibilities, ABA Commission on Racial and Ethnic Diversity in the Profession, ABA Commission on Sexual Orientation and Gender Identity, ABA Criminal Justice Section, ABA Government and Public Sector Lawyers Division, ABA Section of Litigation, ABA Section of State and Local Government Law, ABA Senior Lawyers Division
Presentation: David Carlson
Bagenstos, Samuel R., May Hospitals Withhold Ventilators from COVID-19 Patients with Pre-Existing Disabilities? Notes on the Law and Ethics of Disability-Based Medical Rationing (March 24, 2020). 130 Yale Law Journal Forum ____ (2020, Forthcoming).
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