The New York Civil Liberties Union wrote to the U.S. Department of Health and Human Services Office for Civil Rights in support of a lawsuit filed by Disability Rights New York against the New York State Department of Health concerning the 2015 Ventilator Allocation Guidelines. 

As written, these guidelines will have the unintended consequence of disproportionately disqualifying many people with disabilities from ventilator access simply because they have underlying conditions that may intensify symptoms and slow recovery. During the coronavirus pandemic, when life-saving medical care is in short supply and high demand, the Office for Civil Rights should mandate the New York State Department of Health issue uniform statewide guidelines that ensure non-discriminatory rationing of critical medical care.

Date filed

April 7, 2020