ADAPT of Texas, a not for profit statewide grassroots disability rights organization filed a complaint, Friday July 24th to Roger Severino, Director of the Department of Health and Human Services/Office of Civil Rights requesting that they:
- Investigate St. David South Austin Medical Center’s in regard to the death of Michael Hickson;
- Investigate the guardianship process that took decision making about Michael’s care from his spouse;
- Investigate the State of Texas for not having any health rationing guidelines and if the Texas 1999 Advanced Directive Act Futile Care section violated Michael Hickson’s civil rights;
- Investigate the St David South Austin Medical Center’s committee process that resulted in the doctor’s ability to withdraw supports from Michael Hickson.
“We are filing this complaint because we think Michael’s civil rights were violated” said Nicky Boyt ADAPT of Texas activist. “I do not want what happened to Michael, a person with a disability, to happen to me or other people with disabilities – We are DISABLED NOT DISPOSABLE!”
[The pandemic has gotten so bad in the Valley they have run out of hospital beds, and there are waiting lists for cremations, according to MSNBC. It’s bad all over this state. Wear your mask, 6 feet away, wash your hands!]
COMPLAINT:
Roger Severino, Director Office of Civil Rights
Centralized Case Management Operations
US Department of Health and Human Services
200 Independence Ave S.W.
Room 509 F
HHH Building
Washington, DC 20201
Email: OCRComplaint@HHS.gov
July 24, 2020
Dear Mr. Severino,
ADAPT of Texas is a not-for-profit, statewide, grassroots disability rights organization representing people with disabilities of all ages in Texas. ADAPT of Texas advocates for the rights of people with disabilities to receive services and supports to live and thrive in the community, and control their own lives.
In your March 28th issuance of Bulletin on Civil Rights Laws and HIPAA Flexibilities that Apply During the COVID-19 Emergency, your second paragraph states:
“OCR is particularly focused on ensuring that covered entities do not unlawfully discriminate against people with disabilities when making decisions about their treatment during the COVID-19 health care emergency.”
In light of this, ADAPT of Texas requests an investigation of St David’s South Austin Medical Center’s (contact information listed below) conduct relating to Mr. Michael Hickson, a person with multiple physical and cognitive disabilities, who died at the hospital on June 11, 2020, as the hospital refused to provide him treatment for his COVID 19, because of his disabilities. One of the doctors, in response to Mrs. Hickson asking if the reason they would not treat him was because of his lack of quality of life due to his disabilities, responded yes.
We request you look at the process that resulted in Travis County Court taking guardianship away from his wife and the rest of his family.
We request you look at the process St David’s utilized in treating Michael Hickson to see if it complied with the Americans with Disabilities Act, and/or Section 504 of the Rehabilitation Act of 1973 or any other relevant civil rights legislation or HHS/OCR guidance.
We request you investigate the State of Texas’ lack of rationing guidelines and whether this contributes to discrimination against people with disabilities in Texas. We also request you look at the Futile Care section of the Texas Advanced Directive Act of 1999 to see if it violates the Americans with Disabilities Act, and/or Section 504 of the Rehabilitation Act of 1973 or any other relevant federal and/or state civil rights legislation.
In addition, we also request you look at the process to see if the South Austin Medical Center’s committee, that concurred that supports could be withdrawn from Michael Hickson, had any input from an objective person/organization, knowledgeable about living with a disability, outside of the hospital personnel.
Yours sincerely,
Bob Kafka and the other members of
ADAPT of Texas
1100 South IH 35 Service Road
Austin, TX 78704
512-442-0252