Author Archives: DREDF

DREDF Comments on CMS Request for Information on Medicare Advantage Plans

August 31, 2022
DREDF submitted comments in response to CMS request for information on various aspects of care delivery provided by Medicare Advantage plans. We called for special attention to be given to the potential impact of disability bias in algorithms and AI being used in healthcare and services decision-making and recommended steps CMS should take to ensure that these biases are identified and corrected. The goal is to increase equity and fairness and avoid discrimination and inappropriate care decisions for disabled Medicare Advantage beneficiaries. Although research is limited, some scholars have observed that when algorithmic and AI development and testing does not consider the potential for disability bias, certain inequitable outcomes could occur. Moreover, other specific disability status information is not measured or recorded directly within electronic health records (EHRs), yet it is likely that disabled people have a pattern of healthcare services use that might display unique variation based on disability type and might be affected by intersectional and demographic factors including race, ethnicity, gender identity, and age. Thus, any risk assessment algorithm should be designed with explicit attention to disability, not as an outlier or source of skew, but as a common demographic characteristic—an aspect of the human condition. [...]

Using Reasonable Accommodations and Reasonable Modifications to Address Lease Violations Resulting from Disability Related Behaviors

August 29, 2022
Disability-related behaviors can sometimes result in lease violations. If faced with an adverse housing action based on disability-related behaviors (e.g., notice to cure, notice of eviction), tenants and their advocates should assess whether there is a reasonable accommodation or reasonable modification available that can cure the lease violation. Tenants with disabilities are entitled to reasonable accommodations and reasonable modifications under fair housing law even after a lease violation has occurred. Reasonable accommodations and reasonable modifications can be powerful tools to prevent or challenge the eviction of disabled tenants. [...]

Brennon B. v. Superior Court

August 17, 2022
The California Supreme Court issued its decision in Brennon B. v. Superior Court, S266254, significantly compromising California's long-standing role in the vanguard of civil rights.  The 7-0 decision holds that California public schools are not covered by the Unruh Civil Rights Act, one of the state's key civil rights statutes. [...]

DREDF Statement on the Airline Passengers with Disabilities Bill of Rights

July 15, 2022
DREDF applauds the US Department of Transportation's (USDOT's) recent release of its "Airline Passengers with Disabilities Bill of Rights."  The living document outlines 10 fundamental rights of air travelers with disabilities and the obligations of airlines (including their employees and contractors) under the Air Carrier Access Act. While the Bill of Rights does not establish new requirements for airlines, it does clarify and remind all stakeholders that disabled travelers have the right, first and foremost, to be treated with dignity and respect. [...]

Laguna Honda Residents Have Rights

July 14, 2022
In April, Laguna Honda Hospital (LHH) was decertified by the federal government because of a finding that LHH violated quality of care standards. This means that LHH will stop receiving Medi-Cal and Medicare payments after September 13, 2022. LHH also had to create a closure plan to show the federal government how it would transfer and relocate all of its patients and residents. Our colleagues at Disability Rights California have created a fact sheet for LHH residents to explain their rights during the closure process.