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DOJ Announces Plan for Coordinated Civil Rights Response to COVID-19

By Michael J. Podberesky, Lawrence J. Cameron, David Pivnick, Elizabeth P. Redpath, Joseph L. Wilson II & Brandi G. Howard on April 6, 2021
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On April 2, 2021, Pamela S. Karlan, the Principal Deputy Assistant Attorney General for Civil Rights at the U.S. Department of Justice Civil Rights Division (DOJ), issued a public statement regarding the Division’s intent to lead a coordinated civil rights response to the Coronavirus (COVID-19) pandemic. The statement, which attached a resource guide, is intended to assist Federal agencies, state and local governments, and recipients of Federal funds, including healthcare providers, in addressing ongoing civil rights challenges related to the COVID-19 pandemic.

The statement advised healthcare providers and long-term care facilities (LTCs), among other entities, that the DOJ intends to “vigorously enforce Federal civil rights,” and that civil rights obligations still apply during emergencies like the COVID-19 pandemic. The statement addressed the need to combat disability discrimination by ensuring that all people with disabilities have equal access to healthcare. The statement cited to the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504) and the need for healthcare providers to comply with these laws “when making decisions about who will receive medical care, including vaccines and hospital beds.” Furthermore, the statement discussed that providers must comply with disability laws when “crafting and implementing policies such as crisis standards of care, visitation rules, and vaccine distribution plans.”

The statement highlighted the heightened risk that COVID-19 poses to LTCs, including the increased risk of infection and death, and the need for LTCs to prevent unnecessary institutionalization. The DOJ stressed that as COVID-19 restrictions are lifted and the world begins to reopen, healthcare providers will be expected to continue “providing reasonable accommodations and modifications, physical access, and effective communication” in compliance with the ADA and Section 504.

The DOJ’s statement also detailed that organizations should comply with nondiscrimination laws by monitoring, tracking, and ensuring equitable outcomes through data collection related to the care received by populations affected by longstanding disparities that further manifested during the COVID-19 pandemic, including Black, Indigenous, Latino, AAPI, and other people of color, and people with disabilities. The statement included a reminder that federal civil rights offices are authorized by law to use both qualitative and quantitative data to ensure that various institutions are complying with Title VI of the Civil Rights Act of 1964, and that “[c]omplete, consistent, and accurate data collection and reporting on race, ethnicity, disability, and limited English proficient status are essential to [their] ability to recognize and address disparities and inequality.”

The DOJ’s interest in whether people of color and people with disabilities received appropriate care and fair treatment from healthcare providers signals that the government will focus on whether those providers complied with regulatory requirements governing the collection of Race, Ethnicity, and Language (REaL) data. To stay in compliance with these requirements and state and federal nondiscrimination laws, healthcare providers and LTCs should ensure they are utilizing best practices for collecting patient data, and, to the extent practicable, reviewing and monitoring that data for indications of racial and ethnic discrimination and disparities in quality of care. Additionally, providers should keep records of their policies and training and monitoring activities as they pertain to the administration and outcomes of individual patient care.

About McGuireWoods’ Government Investigations & White Collar Litigation Department
McGuireWoods’ Government Investigations and White Collar Department is a nationally recognized team of over 60 attorneys representing Fortune 100 and other companies and individuals in the full range of civil and criminal investigations and enforcement matters at both the federal and state level. Our senior team is comprised of a deep bench of former federal officials, including a former Deputy Attorney General of the United States, former U.S. Attorneys, more than a dozen federal prosecutors, and an Associate Counsel to the President of the United States. Strategically centered in Washington, our Government Investigations and White Collar team has been honored as a Law360 Practice Group of the Year and has earned the trust of international companies and individuals through some of the most notable enforcement matters over the last decade.

About McGuireWoods’ Healthcare Department
With more than 60 experienced, industry-focused lawyers, our national Healthcare Department is consistently ranked as one of the top U.S. healthcare practices. Our healthcare attorneys have the knowledge and experience that healthcare providers and insurers need to achieve compliance with federal and state-specific regulatory requirements. Our group advises clients on a full range of regulatory and policy issues enforced by the U.S. Government. Clients have recognized the value of our depth in regulatory, litigation and transactional matters, noting our “great commercial awareness” and have described us as “very skilled,” “extremely knowledgeable, practical and accessible.” Our healthcare group and individual lawyers from across the country are recognized by Chambers USA, Best Lawyers in America, Legal Elite and Super Lawyers as among the top legal providers in the nation.

COVID-19: Impact & Insight
McGuireWoods has published additional thought leadership analyzing how companies across industries can address crucial business and legal issues related to COVID-19.

Photo of Michael J. Podberesky Michael J. Podberesky

Michael Podberesky, a former federal prosecutor in the U.S. Department of Justice’s Civil Fraud Section, is a partner in the firm’s nationally recognized Government Investigations and White Collar Litigation Department and co-chair of the False Claims Act Investigations, Litigation and Enforcement team. Employing…

Michael Podberesky, a former federal prosecutor in the U.S. Department of Justice’s Civil Fraud Section, is a partner in the firm’s nationally recognized Government Investigations and White Collar Litigation Department and co-chair of the False Claims Act Investigations, Litigation and Enforcement team. Employing his extensive experience with False Claims Act cases in the healthcare and defense sectors, Michael represents clients confronting high-stakes government investigations and litigation arising from allegations of healthcare and procurement fraud and also counsels clients regarding compliance issues.

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Photo of Lawrence J. Cameron Lawrence J. Cameron

Lawrence’s practice focuses on representing corporate and individual clients in connection with government investigations, internal investigations, civil litigation, regulatory enforcement matters, and white collar criminal defense. Lawrence draws on his experience as a seasoned trial lawyer and former federal prosecutor to counsel clients…

Lawrence’s practice focuses on representing corporate and individual clients in connection with government investigations, internal investigations, civil litigation, regulatory enforcement matters, and white collar criminal defense. Lawrence draws on his experience as a seasoned trial lawyer and former federal prosecutor to counsel clients in a broad range of investigations and litigation of criminal, civil, and administrative matters involving the U.S. Department of Justice, and other federal and state investigative agencies.

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Photo of David Pivnick David Pivnick

David‘s practice is focused on complex commercial litigation with an emphasis on healthcare litigation. He has represented and advised clients across the country, including hospitals, ambulatory surgery centers, pharmaceutical manufacturers, and medical device manufacturers, in a variety of matters involving managed care issues…

David‘s practice is focused on complex commercial litigation with an emphasis on healthcare litigation. He has represented and advised clients across the country, including hospitals, ambulatory surgery centers, pharmaceutical manufacturers, and medical device manufacturers, in a variety of matters involving managed care issues, contract law, restrictive covenants, trade secrets, injunctive relief, the False Claims Act, unfair competition, partnership disputes, and products liability. David has also provided clients with guidance on compliance issues and conducted internal investigations relating to compliance and other issues.

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Photo of Elizabeth P. Redpath Elizabeth P. Redpath

Elizabeth focuses her practice on a broad spectrum of labor and employment matters. She regularly represents clients in federal and state court at the trial and appellate level and provides counsel to clients on a wide array of sensitive labor and employment issues.

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Photo of Joseph L. Wilson II Joseph L. Wilson II

Joe is a member of the firm’s Government Investigations and White Collar Litigation practice. His practice focuses on civil investigations and advising clients in the government contracting industry.

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Photo of Brandi G. Howard Brandi G. Howard

Brandi’s practice focuses on representing corporate and individual clients in government investigations and complex commercial trial and appellate litigation. Brandi defends clients against allegations of violations of the False Claims Act, and participates in internal investigations involving healthcare fraud, antitrust issues, and anti-money…

Brandi’s practice focuses on representing corporate and individual clients in government investigations and complex commercial trial and appellate litigation. Brandi defends clients against allegations of violations of the False Claims Act, and participates in internal investigations involving healthcare fraud, antitrust issues, and anti-money laundering issues.

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  • Posted in:
    Administrative, Corporate & Commercial
  • Blog:
    The FCA Insider
  • Organization:
    McGuireWoods LLP
  • Article: View Original Source

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