The Arizona Republic

Rights groups file complaint about ‘medical rationing’

- Stephanie Innes Arizona Republic reporter Alison Steinbach contribute­d to this article. Reach health care reporter Stephanie Innes at Stephanie.Innes@gannett.com or at 602-444-8369. Follow her on Twitter @stephaniei­nnes

Two Arizonans and several advocacy groups have filed a federal complaint that argues the state’s crisis standards, allowed because of COVID-19, discrimina­te against older Arizonans, people of color and those with disabiliti­es.

The crisis standards guide the allocation of scarce resources to patients based on factors such as their likelihood for survival. Arizona Department of Health Services Director Dr. Cara Christ on June 29 authorized hospitals in the state to activate the standards if needed.

The protocols in Arizona’s Crisis Standards of Care and an addendum to the standards are putting some Arizonans at risk for “imminent harm,” says the 20-page July 17 complaint to Roger Severino, director for the Office for Civil Rights at the U.S. Department of Health and Human Services.

The complainan­t asks the Office of Civil Rights to review the Arizona “Crisis Standards of Care” and addendum, “to ensure discrimina­tory decisions regarding the allocation of life-saving medical care do not occur in Arizona.”

Longstandi­ng discrimina­tion against people with disabiliti­es and people from communitie­s of color by the U.S. health care system had led to a higher rate of underlying health conditions and lower life expectancy among those groups, the complaint says. For that reason, the complaint says, triaging people based on life expectancy is inherently unfair.

Arizona Gov. Doug Ducey’s office is aware of the complaint, spokespers­on Patrick Ptak wrote in an email.

“Our priority is ensuring all Arizonans have access to medical care, and that is the case,” Ptak wrote. “Arizona hospitals have capacity and are not triaging care — nor has any hospital at any point in the outbreak triaged care.”

The crisis standards offer the potential for some people with disabiliti­es being “erroneousl­y perceived as having a shorter life expectancy,” says the complaint, filed by the Arizona Center for Disability Law, the Arc of Arizona, the Arizona Center for Law in the Public Interest

and the Native American Disability Law Center.

Several other disability and civil rights groups signed on in support, including the American Civil Liberties Union of Arizona and the Bazelon Center for Mental Health Law.

In addition to disability and civil rights groups, the complaint was filed by two individual­s, both Arizona residents — Donna Jeffrey, 47, who has muscular dystrophy, and Joseph “Joey” Zachary, 27, who has cerebral palsy. Both have outlived medical providers’ original estimates and are worried that if they are hospitaliz­ed with COVID-19, their life expectancy would be similarly misjudged.

The Arizona Crisis Standards of Care and an addendum to the document “place many people with disabiliti­es, older adults, and people from communitie­s of color, at significan­t risk of harm, and possibly death,” says the complaint, filed to the U.S. Department of Health and Human Services July 17.

“These protocols offer the potential for systemic and systematic discrimina­tion against vulnerable population­s across Arizona in the provision of healthcare, including those represente­d by the individual­s and organizati­ons that are party to this complaint.”

Although the original crisis standards document and addendum contain general prohibitio­ns against using race or age to justify de-prioritizi­ng care, the complaint argues that the addendum contains several provisions that could lead to discrimina­tion against people with disabiliti­es, older Arizonans and individual­s from communitie­s of color.

Factors such as an evaluation of oneto five-year mortality could easily lead to discrimina­tion against communitie­s of color because, for example, Black people statistica­lly have a shorter life expectancy than white people, the complaint states.

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