Fran Ciardullo, special counsel, had her “Refusal to Treat in the COVID-19 Era” article published in the September 2021 issue of the New York Beat, the New York Medical Group Management Association’s (NYMGMA) monthly enewsletter. The article explores whether a private medical practice can lawfully refuse to treat a COVID-19 patient and how guidance from the US Department of Health and Human Services states that patients suffering from “long COVID” may have a legally protected disability, therefore protecting them from discrimination on the basis of disability under the Americans With Disabilities Act (ADA).
“The bottom line is, a patient with COVID-19 may or may not have a protected disability, depending on the patient’s condition and the region where the medical practice is located. The law is still evolving in this area, and we may well see new pronouncements from state and federal authorities. In the meantime, since medical offices routinely employ robust personal protective equipment and cleaning procedures as universal precautions, it is likely that a practice could not justify a refusal of care on the basis that the patient poses a direct threat or significant risk to health and safety that cannot be reasonably accommodated.”
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