Health officials settle discrimination complaint involving patient who needed heart transplant

The civil rights office at HHS has resolved a complaint against a hospital system accused of discriminating against a patient who had a disability and needed a heart transplant. The complaint alleged that a patient needed a transplant, but a UNC Health Care physician ruled that the person wasn’t a good candidate because they had developmental learning disabilities and didn’t live independently. Now, UNC Health Care has agreed to change the patient’s medical records to make it clear they can be considered for a spot on the transplant list. HHS also says it’ll work with the hospital system on its transplant eligibility policy.

On Monday, February 11, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services announced that it has successfully resolved a complaint against the University of North Carolina Health Care

system (UNC Health Care) alleging that it unlawfully denied an individual the opportunity to be placed on the United Network for Organ Sharing (UNOS) list on the basis of their disability. UNC Health Care is a public academic medical center comprised of North Carolina Memorial Hospital, North Carolina Children’s Hospital, North Carolina Neurosciences Hospital, and North Carolina Women’s Hospital.

In September 2018, OCR received a complaint alleging that an individual with an intellectual disability was in need of a heart transplant, but a doctor on staff at UNC Health Care determined that they were not a good candidate for heart transplant because of their developmental learning disabilities and because they do not live independently. The complainant asserted that without the transplant, they would eventually die.

OCR used the Early Complaint Resolution (ECR) process to achieve a successful resolution of this matter. ECR is a facilitated negotiation between the parties to an OCR complaint with the goal of achieving a resolution that quickly provides a remedy to the individual that has been allegedly discriminated against as well as securing additional measures that can be implemented to reduce the likelihood of future incidents of alleged discrimination.

In January 2019, UNC Health Care agreed that the individual’s medical records will be amended to clarify that they are eligible to be considered for placement on the UNOS transplant list. OCR will provide technical assistance to UNC Health Care in the development of their transplant eligibility policy.

“Every life is precious and no one should be blocked from access to an organ transplant because of stereotypes about persons with disabilities. It is also against the law.” said OCR Director Roger Severino. “OCR commends UNC Health Care for their quick action in responding to this complaint and resolving this discriminatory and potentially life-threatening issue.”