(Recorded Webinar) “Long COVID” and Health Center Legal Obligations under the Americans with Disabilities Act (ADA) and Other Disability Rights Laws
Some people who have been infected with the virus that causes COVID-19 can experience long-term effects from their infection, known as post-COVID conditions (PCC) or, known more commonly as, “Long COVID.” According to Centers for Disease Control (CDC) guidance issued in July of 2022, the proportion of people who had COVID-19 who go on to experience post-COVID conditions are estimated as:
- 13.3% at one month or longer after infection
- 2.5% at three months or longer, based on self-reporting
- More than 30% at 6 months among patients who were hospitalized
The CDC further noted that of more than 40% of adults in the United States who reported having COVID-19 in the past, nearly one in five of those (19%) are currently still having symptoms of “long COVID.”
Meanwhile, in July of 2021, the Office of Civil Rights of the U.S. Department of Department of Health and Human Services (HHS) issued a guidance document entitled “ 'Long COVID' as a Disability Under the ADA, Section 504, and Section 1557.” This guidance confirmed that long COVID can qualify as a defined “disability” under the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), and Section 1557 of the Patient Protection and Affordable Care Act (Section 1557). Each of these federal laws protects people with disabilities from discrimination. As such, health center employees with “Long COVID” may be entitled to protections under these laws.
Health centers must balance workforce staffing challenges with their legal obligations under these disability rights laws to not discriminate against employees who have “Long COVID.” This webinar will cover a health center’s legal obligations when faced with an employee who has Long COVID; what accommodations, if any, may be or must be offered and under what circumstances?; what documentation requirements are triggered?; do health centers need to revise their personnel policies and procedures? Attendees will receive practical suggestions for addressing this still-evolving area of legal obligations and potential liability.
- Health center management
- Human Resources professionals
- Compliance professionals
- Health Center counsel and paralegals
After this webinar, you will be able to:
- Identify when “Long COVID” triggers legal obligations under the ADA, Rehabilitation Act, and Section 1557 of the Patient Protection and Affordable Care Act
- Identify the key features of the Americans with Disabilities Act, the Rehabilitation Act, and Section 1557 of the Affordable Care Act that come into play when an employee presents with “Long COVID”
- Determine whether your health center policy and procedures require revision and what the nature of those revisions should be
Kathy is a Partner in Feldesman’s health law practice group. In the area of health law, Kathy’s practice focuses on government-sponsored health care programs such as Medicaid, CHIP, Medicare, and the Affordable Care Act, with an emphasis on payment/reimbursement and compliance related issues. Kathy also represents clients in government investigations and audits, litigation before federal and state courts, as well as in administrative appeals with the U.S. Department of Health and Human Services Departmental Appeals Board (DAB) and Provider Reimbursement Review Board (PRRB). She provides reimbursement counseling (including identification, reporting, and repayment of overpayments) with respect to Medicare, Medicaid, and private third-party payors. [Full Bio]
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