Letter From the Disability Community to CDC Director Rochelle Walensky

Dear Director Walensky,  

The undersigned organizations write in response to your comments on Friday, January 7th,  2022.  

Together we represent millions of people with disabilities, patients, and people with chronic  illnesses across the United States, and we are extremely concerned by your comments. People with disabilities and pre-existing conditions have been disproportionately killed by COVID-19.  This is particularly true for those who live in congregate settings. Each of these deaths is a  devastating loss to families, friends and to our broader communities. Your comments about the  results of a research study referred to the fact that a disproportionate number of deaths due to  COVID-19 occurred among “people who were unwell to begin with” as “encouraging news”. We understand you were speaking about a research study and that segments of your remarks were  cut by ABC from the aired interview. Your full remarks were subsequently released, and our  concerns remain. We understand these were the full remarks: 

“If I may just summarize it: A study of 1.2 million people who are vaccinated between  December and October. And demonstrated that severe disease occurred in about  0.015% of people who were – received their primary series– and death in 0.003% of  those people. The overwhelming number of deaths, over 75%, occurred in people who  had at least four comorbidities. So really, these are people who were unwell to begin  with. And yes, really encouraging news in the context of Omicron. This means not only  just to get your primary series but to get your booster series. And yes, we’re really  encouraged by these results.”  

People with four or more comorbidities are people with disabilities. People with four or more comorbidities are also disproportionately Black people, Indigenous people, Latina/o/x and other  people of color, poor people, older people, and people who experience intersecting forms of  oppression and marginalization that create barriers to quality healthcare, stable housing, and  more. Even in full context, describing the deaths of people with four or more comorbidities as  “encouraging” because they were “unwell to begin with” encapsulates the exact problem that we, people with disabilities and our family members and allies, have faced the entire pandemic:  The public health response to COVID-19 has treated people with disabilities as  disposable. 

The disproportionate deaths our community has faced are the result of systemic failures that we  have seen over and over again since the start of this pandemic. We saw this as the health care system discriminated against people with disabilities and older adults in crisis care standards.  We saw this when people with disabilities were barred from bringing necessary support staff,  including those necessary for assisting with communication, into hospitals as they sought care.  We saw this in the difficulties that direct support workers, personal care attendants, and other  frontline healthcare providers for people with disabilities had obtaining personal protective  equipment. We saw this in confusion about prioritization and eligibility of people with disabilities  for vaccines and booster shots resulting from unclear and inadequate CDC guidance. We saw  this as the CDC addressed concerns regarding the spread of the virus in congregate settings,  including jails and prisons, in a piecemeal manner, contributing to the deaths of almost 200,000  people with disabilities. And we have seen this recently in the CDC’s confusing, conflicting, and  inadequate guidance on isolation periods for health care workers who have COVID-19. The  dismissal and devaluation of people with disabilities has been our daily experience  throughout this pandemic. 

These failures predate the pandemic, and the inequities experienced by people with disabilities  in health care settings on a routine basis have been extensively documented. For disabled  people of color, these harms have been compounded by historical and current systemic racism in the health care system, leading to even more dire outcomes. These failures and inequities  are also serving as fuel to the COVID-19 pandemic, which continues to devastate our  communities and our country.  

We write to express our frustration and disappointment not only in your comments, but in the  consistent policy choices they represent. The disability community’s faith in the government  agencies responding to the pandemic has taken hit after hit with repeated policy choices that  devalue disabled lives. For every step in the right direction, there have been steps backwards or  actions delayed. It is necessary for the public health of our nation that the CDC and other  agencies responding to the pandemic take immediate, concrete policy steps to rebuild that trust,  protect disabled and high-risk people, and enact an equitable vision of pandemic recovery that  centers on those communities most at risk and begins to shift long-standing systemic inequities.  

We urge you to take the following actions to help rebuild our trust in this critical institution and  get our pandemic response on the right track:  

1. Commit to regular ongoing meetings and consultation with disability stakeholders  and CDC Leadership.  

The CDC leadership has not meaningfully involved the disability community in its  response to this pandemic. As a result, we saw widespread confusion at the state, local  and individual level about which disabilities qualified as high-risk conditions, who should  be prioritized for vaccinations, and what counted as a congregate setting–among many  other examples. We expected that to change under the Biden administration. But  confusion remains, for example about the details of booster or additional doses for high risk and immunocompromised people. While a public apology to the disability community  is needed, it must represent the beginning of a new relationship on the part of the CDC  with the disability community. We believe that regular meetings with disability  organizations at both a staff and a leadership level will help to ensure that the CDC is  conducting necessary internal education, including the needs of disabled Americans in  policy development, improving the accessibility and inclusivity of its public health  messaging, and implementing best practices going forward. 

2. Ground isolation guidance in public health evidence and data and in an  understanding of their impacts on those most at risk 

We are particularly concerned about the recent change in the CDC guidance on length  of isolation time for people who test positive for COVID-19, particularly in the context of  insufficient publicly-available evidence of the impact of this shift on those at heightened  risk for infection and/or adverse events due to COVID-19. In particular, we are concerned by the guidance changing the isolation period for COVID-19 positive cases  from 10 days to 5 days, with an additional 5 days of masking if asymptomatic or  symptoms are resolving, without an accompanying testing requirement. We are also  concerned that the guidance does not require quarantine after exposure for boosted  individuals. Our concerns are further exacerbated by reporting that the death rate is now  spiking, exemplifying that Omicron is still taking an extreme toll despite early claims of  Omicron as a milder variant.  

Similarly, the updated isolation guidance specifically recommends people with  asymptomatic COVID-19 avoid people who are at high-risk, including those in nursing  homes and other high-risk settings. At the same time, CDC issued new guidance rescinding work restrictions for boosted and asymptomatic health care workers. These  health care workers, of course, are actively carrying SARS-CoV-2 back to the hospitals,  clinics, and congregate settings where immunocompromised people and people  otherwise at high risk for severe disease must go for life-sustaining medical care. Taken  together, CDC’s guidance has the effect of placing high-risk people in the tenuous,  terrifying position of trying to determine whether to delay lifesaving, crucial care, or risk  catching COVID-19 from the health care workers serving them.  

We request public posting of any evidence or datasets utilized to make these quarantine  and isolation recommendations, so that we can fully assess the implications of these  revised guidelines for our communities.  

3. Take action to center people with disabilities—and other communities  disproportionately impacted by COVID-19—by ensuring that all CDC COVID-19  guidance and other response efforts are inclusive of the needs of people with  disabilities.  

Some of us have written to you repeatedly about issues that people with disabilities have  experienced accessing vaccines and the need for additional guidance. There remain  open questions about boosters for people with pre-existing conditions that cause them to  be at higher-risk for COVID-19, best practices for high-risk individuals in mixing and  matching mRNA and viral vector vaccines, the list of high-risk conditions, and the  definition of immunocompromised as it relates to eligibility for 3rd dose.  

Immunocompromised people may remain unaware of their eligibility for third doses and  boosters, due to confusing messaging. In addition to guidance, the CDC should provide  additional resources directly to immunocompromised people and work with professional  organizations, medical colleges, and others to ensure that guidance for  

immunocompromised people is reaching clinicians in the field. This guidance must be  available in languages beyond English and Spanish, especially Asian American and  Pacific Islander languages given lagging vaccination rates for Asian American and Pacific Islanders with disabilities

Similarly, while the CDC does have some accessible vaccine outreach tools, there is no  guidance for state vaccine efforts on how to prioritize people with disabilities, including  specific materials with a focus on congregate care settings other than nursing homes– where thousands of people with disabilities have died. The heightened risk of  congregate care settings requires a focused response from the CDC, as does the  compounded risk to people of color with disabilities. Ensuring that the demographic data  that CDC collects always includes disability status, whether or not a person resides in a  congregate setting, racial and ethnic identity, and other crucial demographic data will be  critical for this work.  

Additionally, the CDC sets the standards for masks and provides crucially important  guidance on testing. It is significantly harder for everyone, especially people with  disabilities, to stay safe and protect the health of others when we cannot access regular  testing and high-quality masks. Some in the disability community also have difficulty wearing, putting on, or taking off masks. There are accessibility concerns with some  testing options, including that at-home tests are inaccessible to some people with  disabilities, especially low-vision and blind communities. Similarly, using an online form  to order at-home tests or masks will create significant access barriers for many people  with disabilities and other marginalized communities. The CDC should work with other  agencies to ensure that every person in this country has abundant and unrestricted  access to free and accessible testing options and is able to obtain high-quality masks.  While we know that some responsibility for these efforts lie with others in the  administration, such as utilizing the Defense Production Act, we expect that as CDC  director—driven by the evidence—you will lead this call.  

Finally, not only has the pandemic posed an extreme risk to people who are already  disabled, it also has been a mass-disabling event. Current studies estimate that a range from one-third to more than half of all COVID survivors develop Long COVID disabilities. Those millions of people with Long COVID are learning in real-time how  difficult it is to access health care, especially for those with post-viral illnesses. We  appreciate the significant research funding that has been invested to address Long  COVID, but we believe that the CDC, and the federal government as a whole, must do  more. Research initiatives on Long COVID must include individuals with similarly  presenting long-neglected conditions such as other post-viral illnesses, Myalgic  Encephalomyelitis/Chronic Fatigue Syndrome, Postural Orthostatic Tachycardia  Syndrome, dysautonomia, and Fibromyalgia. 

The CDC is not the only agency that has failed to address the needs of people with disabilities  during the pandemic, but your comments highlighted a trend of long-standing policy failures that  have slowly eroded the trust of the people with disabilities in the pandemic response. We know  that this trust is important and we are ready to work with you to rebuild it, starting with the  important actions described above. 

Sincerely,  

American Association of People with Disabilities 

Autistic Self Advocacy Network 

Be A Hero 

Disability Rights Education and Defense Fund 

Little Lobbyists 

The Arc of the United States 

#MEAction 

ABLE NH (Advocates Building Lasting Equality in NH) 

Advocates for Justice and Education, Inc 

Alabama Disabilities Advocacy Program 

Alliance for Disability in Health Care Education

Alstrom Syndrome International 

American Association of People with Disabilities

American Behcet's Disease Association (ABDA)

American Council of the Blind of Indiana 

American Foundation for the Blind 

ANCOR 

APNI, Inc. 

Association for Special Children & Families 

Association of Assistive Technology Act Programs

Association of People Supporting Employment First (APSE)

Association of Programs for Rural Independent Living

Association of University Centers on Disabilities

Autistic Women & Nonbinary Network 

Bazelon Center for Mental Health Law 

Body Politic 

California Foundation for Independent Living Centers

Caring Ambassadors Program 

Center for Autism and Related Disorders 

Center for Dignity in Healthcare for People with Disabilities

Christopher & Dana Reeve Foundation 

Close Concerns 

Coalition of Texans with Disabilities 

CommunicationFIRST 

Community Access Center 

Community Legal Services of Philadelphia 

Connecticut Parent Advocacy Center 

Costello Syndrome Family Network 

Count US IN (Count US Indiana) 

CRIL 

Cure SMA 

Davis Phinney Foundation for Parkinson's 

Detroit Disability Power 

Disability Rights North Carolina 

Disability Community Resource Center  

Disability Law Center of Utah 

Disability Policy Consortium 

Disability Rights Arkansas 

Disability Rights California 

Disability Rights Center - NH 

Disability Rights Center of Kansas 

Disability Rights CT 

Disability Rights Education & Defense Fund

Disability Rights Florida 

Disability Rights Maine 

Disability Rights Michigan 

Disability Rights New Jersey 

Disability Rights Pennsylvania 

Disability Rights South Carolina 

Disability Rights Vermont 

Disability SURJ 

Doylestown Presbyterian Church 

Ensuring Opportunity Campaign 

Epilepsy Foundation  

Family Based Services Association of NJ  

Family Network on Disabilities 

Family Voices 

Family Voices NJ 

Family Voices of North Dakota 

Federation for Children with Special Needs 

Fireweed Collective  

Flathead SURJ  

FREED Center for Independent Living 

HEARD 

Hoosier Alliance for Neurodiversity 

I AM ALS 

Independence Seekers Project (ISP) 

Independent Living Resource Center San Francisco 

Indiana Disability Rights 

Indiana Statewide Independent Living Council 

Individual Patient Advisor  

Justice in Aging 

Kiva Centers  

Little People of America 

Maine Parent Federation  

Marin Center for Independent Living 

Michigan Developmental Disabilities Institute 

NAACP Santa Maria-Lompoc 

National Organization of Nurses with Disabilities (NOND) 

National Association of the Deaf 

National Center for Parent Leadership, Advocacy, and Community Empowerment (National  PLACE) 

National Coalition for Latinxs with Disabilities (CNLD) 

National Council on Independent Living 

National Disability Rights Network (NDRN) 

National Disabled Law Students Association (NDLSA) 

National Down Syndrome Congress

National Health Law Program 

National Organization of Nurses with Disabilities (NOND)

National Women's Law Center 

Neighborhood Access 

Neighbors Against White Supremacy (NAWS) Central Queens)

NMD United 

North Dakota Protection & Advocacy Project 

Not Dead Yet 

Oklahoma Disability Law Center, Inc. 

One Rare 

Organic Academia Association 

Paralyzed Veterans of America 

Partnership for Inclusive Disaster Strategies 

Patient-Led Research Collaborative 

Placer Independent Resource Services 

Resources for Independence Central Valley 

RespectAbility 

Seed House, Inc. 

Service Center for Independent Life 

Showing Up for Racial Justice ( SURJ) Contra Costa County, CA

Showing Up for Racial Justice (SURJ) — San Diego

Showing Up for Racial Justice Santa Cruz County, CA

SPAN Parent Advocacy Network (SPAN) 

Strategies for High Impact (S4HI)  

Texas Rare Alliance 

The Advocacy Institute 

The Arc Michigan 

The Coelho Center for Disability Law, Policy and Innovation

The Parents' Place of MD 

United Cerebral Palsy 

United We Stand of New York 

Usher 1F Collaborative 

United Spinal Association 

Washington ADAPT  

World Institute on Disability