The Americans with Disabilities Act (ADA): Allocation of Scarce Medical Resources During a Pandemic

Publication Date: August 2008

Publisher: Library of Congress. Congressional Research Service

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Research Area: Health

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Abstract:

The emergence and rapid spread of a new avian influenza virus (H5N1) and its potential for causing a human influenza pandemic have given rise to numerous issues. One of these is the general lack of surge capacity within our health-care system. Essentially, this means that a severe influenza pandemic could lead to much greater demand for vaccines, antiviral medications, and other medical technology, such as ventilators, than there are supplies. This potential imbalance has led to recommendations for priorities for medical resources for certain categories of individuals, including recommendations in the U.S. Department of Health and Human Services (HHS) Pandemic Influenza Plan. This report examines selected proposed priorities in light of the nondiscrimination provisions of the Americans with Disabilities Act (ADA) and section 504 of the Rehabilitation Act of 1973. It will be updated as appropriate.