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hospital visitations COVID-19 Archives - The National Law Forum https://nationallawforum.com/tag/hospital-visitations-covid-19/ Legal Updates. Legislative Analysis. Litigation News. Thu, 29 Oct 2020 15:55:05 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.4 https://i0.wp.com/nationallawforum.com/wp-content/uploads/2017/11/cropped-grey-temple-Converted.jpg?fit=32%2C32&ssl=1 hospital visitations COVID-19 Archives - The National Law Forum https://nationallawforum.com/tag/hospital-visitations-covid-19/ 32 32 111745018 Balancing Hospital Visitations and Religious Freedoms During a Pandemic https://nationallawforum.com/2020/10/30/balancing-hospital-visitations-and-religious-freedoms-during-a-pandemic/ Fri, 30 Oct 2020 19:00:12 +0000 http://nationallawforum.com/?p=18322 On October 20, 2020, the Office for Civil Rights (“OCR”) settled two religious discrimination complaints involving access to clergy during the Public Health Emergency. Both complaints arose from a hospital’s failure to permit visits by religious clergy due to COVID-19 visitor restrictions. In the first complaint, a COVID-19 positive new mother requested that a priest … Continue reading Balancing Hospital Visitations and Religious Freedoms During a Pandemic

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]]> On October 20, 2020, the Office for Civil Rights (“OCR”) settled two religious discrimination complaints involving access to clergy during the Public Health Emergency. Both complaints arose from a hospital’s failure to permit visits by religious clergy due to COVID-19 visitor restrictions. In the first complaint, a COVID-19 positive new mother requested that a priest visit her newborn son and baptize him. Due to its restrictive visitor’s policy, the hospital refused. In the second complaint, a priest was denied ICU access in order to provide Catholic religious sacraments to an end-of-life patient. 

In connection with resolution of the complaints, OCR provided technical assistance and guidance to the hospitals in order to strike a balance between protecting the hospital’s staff, visitors, and patients and respecting the patient’s right to religious support. OCR approved the following requirements for visiting clergy:

  • Visiting clergy must follow all safety policies put in place by the hospital, including COVID-19 screening protocols;
  • Visiting clergy must adhere to proper infection prevention practices, such as hand washing, physical distancing and wearing a mask;
  • Visiting clergy must complete infection control training;
  • Visiting clergy must use fit-tested Personal Protective Equipment (“PPE”);
  • Visiting clergy must sign an acknowledgment of the risks associated with visiting a patient who tested positive for COVID-19; and
  • In urgent end-of-life situations, an exception to the controls listed above may be made but visiting clergy must self-quarantine for 14 days following the visit.

Hospitals are encouraged to review their visitation policies for compliance with a patient’s right to religious support.

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For more articles on civil rights and COVID-19, visit the National Law Review Civil Rights section.

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