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OCR has issued guidance outlining legal standards under the federal civil rights laws prohibiting disability discrimination and providing concrete examples of the application of the legal standards in the context of COVID-19 vaccine programs and how to implement them. The federal civil rights laws that OCR enforces also require non-discrimination in the Nation’s efforts to vaccinate the public against the COVID-19 virus regardless of race, color, national origin, disability, gender, age, or sex. Non-discrimination is central to President Biden’s National Strategy for the COVID-19 Response and Pandemic Preparedness, including his Executive Order on Ensuring an Equitable Pandemic Response and Recovery and Improving and Expanding Access to Care and Treatments for COVID-19. NON-DISCRIMINATION IN ACCESS TO THE COVID-19 VACCINEĪt the beginning of the COVID-19 public health emergency, the HHS Office for Civil Rights (OCR) made clear that civil rights laws remain in effect during disasters or emergencies, including the COVID-19 pandemic. If you missed it, you can watch the video here. On Monday, August 2, 2021, the White House Office of Public Engagement, in conjunction with the Departments of Health and Human Services, Education, and Labor, hosted "A Conversation about Long COVID," to review the guidance, share information on how to access supports, and answer questions. The document discusses when long COVID may be considered a disability under the ADA, Section 504, and Section 1557, and shares examples along with related resources that may be helpful. The guidance, released as we commemorate the 31st anniversary of the ADA, provides additional clarity on how these disability nondiscrimination laws apply to people who may be newly covered under these laws because of the impact of the COVID-19 infection on their bodies and their lives. Department of Health and Human Services and the Department of Justice jointly published a guidance document on “long COVID” as a disability under the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and Section 1557 of the Affordable Care Act. HHS and DOJ Guidance on Long COVID as a Disability
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Recipients of Federal financial assistance includes state and local agencies, hospitals, and health care providers administering vaccines and boosters. The new guidance ensures that entities covered by civil rights laws understand their obligations under Title VI of the Civil Rights Act of 1964 and Section 1557 of the Affordable Care Act, laws requiring that federally assisted health care providers and systems ensure fair, equitable access to vaccines.
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Whether information is distributed via flyers, online information portals, or in person at vaccine distribution sites, there is a legal obligation that COVID-19 vaccination programs be accessible and free of discriminatory barriers that limit a communities’ ability to receive vaccinations and boosters.
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OCR has issued guidance reviewing legal standards and best practices for improving access to COVID-19 vaccination programs and ensuring nondiscrimination on the basis of race, color, and national origin. Guidance on Legal Requirements to Support Greater Accessibility and Equity in COVID-19 Vaccination Programs The guidance 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 as this violates federal civil rights laws. OCR has issued guidance to health care providers on civil rights protections for people with disabilities. The resources below explain how civil rights laws assist patients in receiving the care they need during the COVID-19 public health emergency.įAQs for Healthcare Providers during the COVID-19 Public Health Emergency: Federal Civil Rights Protections for Individuals with Disabilities under Section 504 and Section 1557