White House chief medical advisor Dr. Anthony Fauci reported in late April that the U.S. is out of the pandemic phase despite a continuing uptick in COVID-19 cases driven by the growth of the Omicron subvariant BA.2. In May 2022, the New York Times is reporting a “threefold” increase in new cases since early April, with case reports in much of the Northeast and Midwest higher than they were during the summer of 2021’s peak Delta surge. Although COVID-related hospitalizations have also increased significantly since the beginning of May, they remain far lower than they have been in any prior surge.

Still, whether cases and hospitalizations are surging or in decline in our “new normal” transitional phase of living with COVID, hospitals and healthcare providers must continue to be vigilant about how resources such as medical supplies, medications, hospitalization, and long-term or critical care are allocated to avoid claims of disability discrimination in violation of Section 504 of the Rehabilitation Act and Section 1557 of the Affordable Care Act.

Earlier this year, the Department of Health & Human Services (HHS) Office of Civil Rights (OCR) issued important guidance to covered healthcare entities regarding civil rights protections for persons with disabilities. An overview of this guidance with related recommendations can be found in the Client Alert we published at that time.

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Photo of Jessica M. Carroll Jessica M. Carroll

Partner, Employment Law, Healthcare and Litigation Departments

Ms. Carroll concentrates her practice in litigation, with an emphasis on representing healthcare providers at both the state and federal levels and within arbitration forums. Her experience encompasses serving as counsel for hospitals in medical staffing…

Partner, Employment Law, Healthcare and Litigation Departments

Ms. Carroll concentrates her practice in litigation, with an emphasis on representing healthcare providers at both the state and federal levels and within arbitration forums. Her experience encompasses serving as counsel for hospitals in medical staffing and peer review disciplinary matters arising out of issues related to quality care and patient safety. She also provides risk management guidance on issues at the intersection of various state laws and medical licensing regulations, including the potential impact of physician medical staff disciplinary actions triggering the obligation to report to the National Practitioner Data Bank (NPDB).

Ms. Carroll’s work includes the representation of hospitals, physicians, physician practices, and pharmaceutical companies in matters related to restrictive covenants, breach of contract, violations of due process and fundamental fairness, defamation and trade libel claims, as well as matters related to professional licensure and credentialing. She also handles anti-competitive claims alleging violations of New Jersey’s Anti-Trust Act, the Sherman Anti-Trust Act, and the Lanham Act, in addition to employment related claims, including violations of the New Jersey Law Against Discrimination (NJLAD) and the Conscientious Employee Protection Act (CEPA).

Ms. Carroll counsels her clients on the most effective and economical legal strategies by evaluating liability and exposure against alleged damages. She handles a broad range of day-to-day tasks beginning at the inception of a matter, including orders to show cause, serving and responding to discovery, ensuring compliance with court-ordered deadlines, appearing and defending depositions, and retaining experts, through resolution by way of settlement, motion practice, or alternative dispute resolution.

Contact information:

jcarroll@greenbaumlaw.com | 973.577.1910 | vCard  | LinkedIn

For more information visit the Greenbaum, Rowe, Smith & Davis LLP website.