OCR Resolution with Health System Aims to Ensure Patients with Disabilities Have Access to Support Persons During COVID
- February 26, 2021
The Department of Health and Human Services Office for Civil Rights (OCR) resolved three disability discrimination complaints involving MedStar Health after the Washington DC-area health system agreed to revise temporary visitor restrictions adopted to control the spread of COVID-19, the agency announced February 25.
MedStar, which has health care facilities in Washington DC, Maryland, and Virginia, updated its policy to distinguish between “visitors” and “support persons” who perform specific disability functions for patients with disabilities.
A support person may be a family member, personal care assistant, or other individual knowledgeable about the management or care of the patient, OCR noted.
The three complaints involved patients with disabilities who didn’t have COVID-19 but alleged they were denied the support they needed for their disabilities at MedStar facilities because of the temporary visitor restrictions.
OCR provided technical assistance to MedStar and resolved the complaints through the agency’s early complaint resolution process, the agency said.
“The resolution and revised MedStar Health System policy balances hospitals’ practical need to protect staff, patients, and visitors from infection with the right of patients with disabilities to effective communication with hospital staff and an equal opportunity to benefit from hospital services,” OCR said.