August 27, 2020
DREDF and co-counsel Disability Rights California, Justice in Aging, and Independent Living Resource Center San Francisco filed five administrative complaints this morning with the California Department of Public Health (CDPH) against five California hospitals who are disregarding the rights of patients with disabilities including older adults with disabilities during Covid-19.
Federal and state disability discrimination laws and existing CDPH guidelines require that a support person who is necessary to the safe and effective care of a disabled patient be permitted to enter hospitals and provide support during Covid-19.
The complaints detail the experiences of several caregivers and supporters of adults with disabilities denied entry by hospital staff. As a result, the complainants were unable to provide essential supports to ensure that their family member or friend was able to receive safe and effective care while hospitalized.
The complaints seek the enforcement of federal and state disability discrimination laws and existing CDPH guidelines to ensure that persons whose support is essential to disabled hospital patients are granted entry to hospitals during COVID-19. In addition, the complaints demand that hospitals publish lawful visitation policies prominently on their websites, and guarantee that staff are trained on and familiar with existing legal requirements.