Respecting Disability Rights: Toward Improved Crisis Standards of Care

  • Citation: Mello, Michelle M., Govind Persad, and Douglas B. White. “Respecting Disability Rights: Toward Improved Crisis Standards of Care.” New England Journal of Medicine, July 30, 2020.
    • Topics:
    • Movements for Inclusion
    • Keywords:
    • persons with disabilities
    • discrimination
    • COVID-19
    • public health

In times of emergency, many legal strictures can flex. For example, to enable hospitals to respond to Covid-19, the Department of Health and Human Services (HHS) recently waived a swath of federal regulatory requirements. But though officials’ emergency powers are extensive, the ability to discard antidiscrimination protections is not among them. A hallmark of our legal system is that our commitment to prohibiting invidious discrimination remains steadfast even in times of emergency.

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