Healthcare providers wrestling with virus-spawned religious bias claims

During the COVID-19 pandemic, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) has dealt with a wide variety of discrimination claims against healthcare providers. The OCR recently announced the resolution of two major complaints, which should serve as a reminder to pay close attention to actions that could be discriminatory.

Priest barred from visiting hospital

A husband and wife were involved in a serious car crash, with the man being placed in the intensive care unit at the University of Maryland Medical System. The wife asked a local priest to visit the husband and pray over him because he was declining in health.

Because of the COVID-19 outbreak, the hospital had adopted a visitor exclusion policy and therefore refused to let the priest enter, despite his willingness to wear any necessary personal protective equipment (PPE). At the time, the U.S. Centers for Medicare & Medicaid Services (CMS) guidance for hospital visitations during the pandemic stated, “Facilities must ensure that patients have adequate and lawful access to chaplains or clergy.”

In response to the complaint and upon review of the CMS guidance, the hospital updated its visitation policy and allowed the priest to visit the husband and perform the Catholic religious sacraments of Holy Communion and Anointing of the Sick. The hospital’s revised policy says: