Kligler v. Healy

/in , , , , /by Pam Katz

Filed: February 14, 2022

Court: Supreme Court of Massachusetts

Overview: The brief argues that whether a constitutional right to assisted suicide exists must be addressed from the perspective of people with disabilities, the class of people who will be most adversely impacted if such a right is found. Amici discuss how assisted suicide is part of a long history of discrimination and bias against people with disabilities in medical settings. Amici also discuss how legalized assisted suicide amplifies ableist beliefs about the quality and value of disabled lives and how supposed safeguards are inadequate to protect people with disabilities.

Excerpt: “Legalizing assisted suicide in Massachusetts would add to the…history of discrimination and bias against people with disabilities. It would establish a discriminatory double standard for how health care providers, government authorities, and others treat disabled individuals versus others. Only disabled people would be removed from the protections of generally applicable laws on abuse, neglect, and homicide. And only disabled people would face an offer of assisted suicide, as opposed to an offer of services and supports, in response to suicidal ideations.”

Case Documents

Kligler v. Healy Amicus Brief

Kligler v. Healy Opinion

Talk About Sexual Violence Focus Group Report: People With Disabilities

/in , , , , , /by Pam Katz

People with intellectual and/or developmental disabilities (IDD) are sexually assaulted seven times more often than people without disabilities. Because of this, medical providers must talk about sexual abuse with their patients and offer support. Unfortunately, many medical providers do not have the tools or training to help them have these important conversations.

Talk About Sexual Violence centers on conversation groups of medical providers and people with disabilities, including survivors of sexual assault. It was important to hear from them about how medical appointments can be more supportive.

Conversation groups were held as live, online video sessions to hear from people with IDD about their appointments with medical providers.

This report contains the result of those focus groups.

Talk About Sexual Violence Focus Group Report: Medical Providers

/in , , , , /by Pam Katz

Talk About Sexual Violence centers on conversation groups of medical providers and people with disabilities, including survivors of sexual assault. It is important to learn how medical appointments can be more supportive and patient-centered, especially if someone has experienced sexual assault.

Conversation groups were designed as a live, online video session with medical professionals who answered questions about their practices with patients who had been sexually assaulted, including those with disabilities.

This focus group details the findings from those conversation groups.

Enhancing Health Care for People With Intellectual and Developmental Disabilities

/in , , , /by Pam Katz

The COVID-19 pandemic shined a light on the inequities of the healthcare system that exist for people with intellectual and/or developmental disabilities. For many people with IDD and caregivers, receiving care in a hospital setting has always been a challenging experience. We know that training in this area is lacking. Education and experiential learning for healthcare professionals is essential to addressing these challenges.

The Arc Massachusetts, The Arc Oregon, and The Arc’s national office have partnered to develop a web-based, culturally competent training and toolkit for emergency medical personnel. The goal is to support equal access to emergency healthcare for people with IDD by educating healthcare providers working in hospital emergency departments.

Download presentation slides here.

Talk About Sexual Violence: A Conversation Guide for Health Care Providers

/in /by Pam Katz

The U.S. Bureau of Justice Statistics reports that people with intellectual/developmental disabilities (IDD) are sexually assaulted seven times more than those without disabilities. Transgender and gender non-conforming individuals also face high rates of sexual violence.

It is critical that healthcare professionals and their patients talk openly about sexual violence and abuse prevention.

Suggestions offered here are designed to facilitate conversations about sexual violence and provide patients with a safe environment in which to share their experiences and get the support they need.

Talk About Sexual Violence: A Conversation Guide for Patients With Disabilities

/in , /by Pam Katz

Every day, people with intellectual/developmental disabilities (IDD) are sexually abused.

Lesbian, gay, bisexual, transgender, and queer or questioning (LGBTQ) people also face high rates of sexual violence.

It is important that you talk openly with your medical providers about sexual abuse and abuse prevention.

This guide has suggestions to help you share your experiences with medical providers.

Examining How Crisis Standards of Care May Lead to Intersectional Medical Discrimination Against COVID-19 Patients

/in , , , , , /by Pam Katz

Black, Indigenous and People of Color, disabled people, higher weight people and older adults have historically experienced and continue to experience discrimination by medical professionals. In health care settings, members of these communities face pervasive negative biases and inaccurate assumptions about their value, quality of life, capacity to communicate and make decisions, and likelihood of survival.

During the COVID-19 pandemic, these biases can have serious and even deadly consequences. Such biases may be exacerbated when hospitals are faced with scarce resources and must make decisions about which critically ill patients should receive treatment. The “crisis standards of care” which are used by many states and hospitals to make these decisions, have too often reflected these biases. It is crucial that these standards be tailored to avoid unlawful discrimination.

This guide provides: (1) an explanation of what crisis standards of care are and how they may perpetuate discrimination; (2) the principles that should apply to crisis standards of care to prevent discrimination; (3) the civil rights laws that apply to the use of crisis standards of care; and (4) recommended strategies to ensure the non-discriminatory application of crisis standard of care guidelines.

Talk About Sexual Violence Phase 3 Introduction

/in , , , , , /by Pam Katz

Now in its third year, the Talk About Sexual Violence project will build on its success by not only preparing health care professionals to have much-needed conversations about sexual violence with people with IDD, but to know how to use a supported decision-making lens that supports victim-centered approaches. This flyer gives an overview of the Phase 3 project focus and related information.

The Arc Maryland v. Baltimore City et al

/in , , , , /by Pam Katz

State: Maryland

Filed: 2021

Court: U.S. District Court for the District of Maryland

Plaintiff: The Arc Maryland

Defendants: Baltimore City, Queen Anne’s County, Carroll County, Garrett County, Somerset County, Talbot County

Counsel: The Arc, Disability Rights Maryland, Brown & Barron LLC

Overview: The Arc Maryland filed a federal lawsuit alleging that six jurisdictions in Maryland, including Baltimore City, discriminate against people with IDD by denying them opportunities to access COVID-19 vaccinations inconsistent with the State’s Executive order and Vaccination Plan. This discrimination puts lives at stake and violates the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

While vaccination sites must offer vaccines to the public in accordance with Maryland’s state vaccination plan, the five counties and Baltimore City exclude individuals with IDD in their list of who is eligible, preventing those with IDD from accessing vaccinations.

It is well established that COVID-19-related fatality rates among people with IDD who test positive for COVID-19 are nearly three times greater than the mortality rates among the general population who are positive for the virus. People with IDD also face heightened risk because many rely on caregivers or direct support professionals who provide assistance with activities of daily living, for which social distancing is often not possible. Frequently, such caregivers serve multiple people raising risks of transmission. Despite advocacy from The Arc Maryland, people with IDD are not getting equal access to vaccines, compelling the need for the lawsuit.

Case Documents

Complaint

Motion for a Temporary Restraining Order

Related Media

Press Release: Vaccine Discrimination: Disability Advocacy Groups File Federal Lawsuit Alleging 6 Maryland Jurisdictions Discriminate in Vaccine Process

Baltimore Sun: Maryland organization that supports people with disabilities sues five counties and Baltimore City, alleging vaccine discrimination

The Maryland Daily Record: 6 Md. jurisdictions sued over vaccine eligibility for people with disabilities

The Garrett County Republican: Garrett County sued over vaccine info for people with disabilities

The Cumberland Times-News: Organization alleges vaccine discrimination

National Journal: Disability communities face barriers to COVID-19 vaccines

Baltimore Sun: Maryland disability rights group dismisses lawsuit against Baltimore City and three of five counties for alleged vaccine discrimination