This article discusses the development of pandemic response plans over the past several years and reviews existing plans from 14 states, including policies that address potential need to ration scarce resources during a public health crisis. Public health and emergency
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This press release from the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) announces the resolution of a complaint against Alabama based on the state’s 2010 ventilator allocation guidelines, which were challenged as
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This draft legal analysis addresses whether existing protocols for rationing scarce resources comply with moral principles and with anti-discrimination laws, including the Americans with Disabilities Act (ADA), and concludes that existing approaches adopting a utilitarian approach will have the effect
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This forthcoming article argues that basing resource allocation or triage decisions on a person’s pre-existing disability violates provisions of the Americans with Disabilities Act (ADA), the Rehabilitation Act, and the Affordable Care Act. These federal laws prohibit discrimination against
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This article discusses how multiple disability advocacy groups have filed civil rights complaints challenging Washington’s and Alabama’s plans for resource allocation during a public health crisis, arguing that the states’ plans discriminate against persons with disabilities. The groups argue that
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