The U.S. Department of Health and Human Services (HHS) has issued guidance to health care providers on civil rights protections for people with disabilities. The guidance, issued by HHS’ Office for Civil Rights, makes clear that in light of the continuing public health emergency, when resources can be scarce, it is vital that individuals with disabilities are not prevented from receiving needed health care benefits and services. This violates federal civil rights laws.

HHS clarified that federal civil rights laws apply to health care providers, including those administering COVID-19 testing, medical supplies, and medication. These rules also apply to entities providing hospitalization, long term care, intensive treatments, and critical care, such as oxygen therapy and mechanical ventilators. Additionally, federal civil rights laws apply to state Crisis Standard of Care plans, procedures, and related standards for triaging scarce resources that hospitals are required to follow. The FAQs remind health care providers of their obligations under law and provide examples of applicability.