Respecting Disability Rights — Toward Improved Crisis Standards of Care
Sturm College of Law
Antidiscrimination protections, Access to treatment, Scare medical resources
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.
Michelle M. Mello, Govind Persad & Douglas B. White, Respecting Disability Rights — Toward Improved Crisis Standards of Care, 383 New Eng. J. Med. E26 (2020).