Adawk10
Question 1: COVID Medical Rationing
The medical rationing policies that were formulated during the COVID-19 pandemic
have been questioned in relation to the Americans with Disabilities Act since they put people
with disabilities in danger of being excluded based on disability rather than based on medical
necessity. The use of such approaches is usually based on assumptions of physical or
cognitive limitations, instead of individualized assessment of survival probability. Guidance
on civil rights during the crisis elucidated that clinical evidence should guide the treatment
decision-making and not prejudice and judgment regarding the quality of life with disability
(US Department of Health and Human Services, Office for Civil Rights, 2020). The state
policies prioritizing persons without disabilities to obtain ventilators were challenged by the
disability organizations that found that they viewed their lives as less precious and breached the
civil rights (Shapiro, 2020). Such practices instil fear, build less trust, and erode confidence in
healthcare decision-making.
During crises, governments should make sure that the reactions to the emergency do
not contradict the actual disability rights policies and do not lead to any discrimination. The
public bodies are expected to offer equal chances of participation in the services and to shun
practices that deprive persons with disabilities of critical care. The instructions of state and
local governments state that the demands of accessibility and nondiscrimination are not
applied to cases of emergency and disasters (Institute for Human Centered Design, 2017).
Otherwise related principles emphasize that equal access and integrated service delivery are
the main expectations of a government-run program, including healthcare systems (Great
Plains ADA Center, n.d.). These needs denote that, although triage decisions might be
required, they need to be based on the medical prognosis, but not the disability status. Crisis
conditions do not diminish the responsibility to protect civil rights or provide treatment.
Question 2: Nursing Home Hypothetical
The fact that the City operates a segregated nursing home unit, where the youths with
developmental disabilities are placed, is a strong indication of a lack of compliance with the
provisions of the ADA, which requires that an institution be integrated. Locating the residents
in a different wing limits their social involvement and institutional isolation, and not their
inclusion in community life. The Supreme Court decided that unnecessary institutionalization
is a form of discrimination and that people should be provided services in the most integrated
environment, which suits their needs (Olmstead, Commissioner, Georgia Department of
Human Resources, et al. v. L. C., by Zimring, 1999). The problem reminds me of the case of
Lois Curtis, who, after many years of institutionalization, was later deprived of her right to
choose and independence and overcame the court (Roberts, 2022). Segregation restricts peer
interaction, engagement in the community, and personal development, even with basic care
delivery. These arrangements depict the structural obstacles that emphasized
convenience rather than meaningful inclusion and self-determination.
In determining whether to relocate the residents, the court has to
weigh a set of both personalized and systemic aspects so that it can be in accordance with the
law. The legal history verifies that plaintiffs do not have to demonstrate the existence of a
broad systemic program malfunction to invalidate unfair segregation of disabled persons (Ivy
Brown v. District of Columbia, 2019). The court needs to look into the factors of professional
assessment of the community placement, the feasibility of reasonable accommodations, and
the reality of continued institutionalization. The same issues were voiced when the federal
government criticized Florida in the matter of placing children with disabilities in nursing
homes instead of allowing them to live in the community (US Department of Justice, Office
of Public Affairs, 2013). Such considerations need the court to bring into balance clinical need, individual rights, and state responsibility. Finally, promotion of autonomy and
integration should be in the limelight instead of restrictive systems.
References (APA)
Institute for Human Centered Design. (2017). ADA Title II Action Guide for State and Local
Governments.
Ivy Brown, in her individual capacity and as representative of the certified class, Appellant v.
District of Columbia, a municipal corporation, Appellee, No. 17-7152 (D.C. Cir. July
5, 2019).
Shapiro, J. (2020, March 23). Disability Groups File Complaint On Rationing Policies In
Coronavirus Pandemic. NPR.
US Department of Health and Human Services, Office for Civil Rights. (2020, March 28).
BULLETIN: Civil Rights, HIPAA, and the Coronavirus Disease 2019 (COVID-19).
US Department of Justice, Office of Public Affairs. (2013, July 22). Justice Department
Files Lawsuit Against the State of Florida for Unnecessarily Segregating Children
with Disabilities (Press Release No. 13-823).
Roberts, S. (2022, November 10). Lois Curtis, Whose Lawsuit Secured Disability Rights,
Dies at 55—The New York Times.
Olmstead, Commissioner, Georgia Department of Human Resources, et al. v. L. C., by
Zimring, guardian ad litem and next friend, et al., 527 US 581 (1999).
Great Plains ADA Center. (n.d.). Overview of Title II of the ADA.
Summary
Topic: adawk10
Type: Discussion post
Education level: College
Service: Writing
Size: 1 page (275 words), double spacing
Subject: Special education
Language: English (US)
Description
Assignment details and reading link included (must cite). Questions in red need answering and proofreading.