California Hears Disability Advocates’ Call to Stop Discrimination in Health Care

California’s health care agencies issued a joint bulletin reminding health care providers and payers that rationing care based on a person’s disability status is impermissible and unlawful under both federal and state law. The State emphasized that no person, on the basis of mental, developmental intellectual, or physical disability or a perceived disability, may be unlawfully denied full and equal access to state funded programs. The bulletin also warns Medi-Cal providers that beneficiaries are entitled to full and equal access to the benefits of Medi-Cal services, including the receipt of COVID-19 treatment, in the event of limited hospital or other health care facility resources and/or capacity.

California Courts Stop All New Eviction Proceedings Until After the Pandemic

At its meeting on April 6, 2020, the Judicial Council adopted an emergency court rule that effectively stops all evictions, other than those necessary to protect public health and safety, for the duration of the COVID-19 emergency. The rule is applicable to all courts and to all eviction cases, whether they are based on a tenant’s missed rent payment or another reason. This new court rule will apply until 90 days after the Governor lifts the state of emergency related to the COVID-19 pandemic, or until it is amended or repealed by the Judicial Council. In addition, Judicial Council adopted an emergency rule related to foreclosures. This rule also applies until 90 days after the Governor lifts the COVID-19 state of emergency.

Disproportionate Impact of COVID-19 on People of Color Highlights Unequal Access to Health Care

As states begin to analyze COVID-19 data based on race, it appears people of color in many states are contracting the virus and dying at disproportionate rates.  Income and environmental barriers to healthcare are largely to blame.  Limited access to testing, underlying health conditions such as asthma, living in congregate settings like apartment buildings heighten the risk of contracting the virus. This week Governor Gavin Newsome reported, in California with 40% of the cases analyzed based on race, it appears that transmission rates are consistent with the population.

CARES Act and Families First Act Provides Targeted Relief

CARES and Families First Act together include the following disability-friendly protections:

• One-time cash payment of $1200 to every adult and $500 for each child, including people on Supplemental Security Income, Social Security Disability Insurance and receiving Social Security Administration payments.  The Department of the Treasury announced on April 1 that Social Security beneficiaries who are not typically required to file tax returns will not need to file an abbreviated tax return to receive an economic impact payment. 
• Unemployment Assistance payments of an additional $600 per week in addition to the base amount. For the first time, people who are self-employed will also be eligible for unemployment benefits.
• Federal tax filing deadline was pushed back from April 15, 2020 to July 15, 2020.
• Student loans backed by the federal government are suspended through September 2020. Employers may offer a $5250 student loan repayment benefit.
• Insurance companies must cover all COVID-19 testing and treatment.
• Family and Medical Leave will include an additional 2 weeks or 80 hours of paid leave for COVID-19 health care issues and 2/3 paid leave to care for family or children out of school.
• 180 – day postponement of mortgage payments for federally backed loans.

For more information on the Stimulus Package visit:
https://www.disabilityrightsca.org/post/coronavirus-stimulus-federal-aid

For more information on How to Get Stimulus Payments visit:
https://www.disabilityrightsca.org/post/coronavirus-economic-impact-stimulus-payments