During the COVID-19 pandemic, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) has dealt with a wide variety of discrimination claims against healthcare providers. The OCR recently announced the resolution of two major complaints, which should serve as a reminder to pay close attention to actions that could be discriminatory.
Priest Barred from Visiting Hospital
A husband and wife were involved in a serious car crash, with the man being placed in the intensive care unit at the University of Maryland Medical System. The wife asked a local priest to visit the husband and pray over him because he was declining in health.
Because of the COVID-19 outbreak, the hospital had adopted a visitor exclusion policy and therefore refused to let the priest enter, despite his willingness to wear any necessary personal protective equipment (PPE). At the time, the U.S. Centers for Medicare & Medicaid Services (CMS) guidance for hospital visitations during the pandemic stated, “Facilities must ensure that patients have adequate and lawful access to chaplains or clergy.”
In response to the complaint and upon review of the CMS guidance, the hospital updated its visitation policy and allowed the priest to visit the husband and perform the Catholic religious sacraments of Holy Communion and Anointing of the Sick. The hospital’s revised policy says:
- Patients in COVID-19 units may practice their religion with clergy visitations in compassionate care situations.
- Patients in noncoronavirus units may receive a clergy visit at any reasonable time, as long as it avoids disrupting patient care and meshes with the hospital’s safety policies and procedures.
Hospital Orders Med Student to Shave Beard
A medical student who was completing rotations at Staten Island University Hospital was informed he would have to shave his beard before returning to work so he could be properly fitted for an N95 respirator mask. Because of his religious beliefs, he doesn’t shave his beard.
After the student filed the complaint, the hospital granted his accommodation request and provided an alternate form of PPE, allowing him to keep his beard. As OCR Director Roger Severino stated, “Accommodations like these avoid forcing people to choose between following their profession or following their faith. Religious freedom and patient safety should both be preserved, even and especially during times of crisis.”
Bottom Line
The OCR’s two resolutions highlight the importance of avoiding religious discrimination claims even when facing a national health emergency. Because of COVID-19, healthcare providers are implementing new policies and procedures very quickly to keep patients and employees safe during these unprecedented, challenging times.
The agency’s resolutions are a good reminder, however, to be mindful of the ancillary discriminatory actions that could result from the changes.
Kelli Carpenter Fleming is an attorney with Burr Forman. You can reach her at kfleming@burr.com.