By Gina Macris

A total of 111 persons, or nearly 9.5 percent of the group home population for Rhode Islanders with developmental disabilities, have tested positive for the coronavirus as of May 13, including 7 persons who have died, according to figures of the state Department of Behavioral Healthcare, Developmental Disabilities and Hospitals (BHDDH) released May 13.

Of the total number of persons testing positive, 19 are currently hospitalized and the remainder, 85, are recovering in their homes, a BHDDH spokesman said.

There has been much concern among families and advocates that persons with developmental disabilities who are hospitalized with CoVID-19- or any other condition - may be denied the support of familiar caregivers or family members who can help them feel more comfortable in frightening surroundings and may also help healthcare providers with communication issues.

A month-long campaign by Disability Rights Rhode Island and other advocates to allow exceptions to hospitals’ no-visitation rules during the pandemic has apparently succeeded in persuading the state Department of Health (DOH) to amend its guidelines to allow children under the age of 18 and adult patients with developmental, intellectual or behavioral challenges to have one caregiver at a time at their side.

According to a May 8 update to the DOH Healthcare Facilities Visitation Policy, exceptions to the no-visitors rule may be made to “facilitate communication with hospital staff, accessibility, equal access to treatment and/or the provision of informed consent in accordance with the civil rights of patients with disabilities.”

The updated policy says a support person may include:

• a family member

• guardian

• community support provider

• peer support specialist

• personal care attendant.

In some instances, two support persons may be designated to alternate shifts, while allowing only one person to be at the patient’s side at any one time.

The amendment also specifies that patients with disabilities should similarly be allowed to use assistive technology, such as smartphones, tablets, communications boards, and other devices to “facilitate communication and ensure equal access.” To read it in full, click here.

Meanwhile, BHDDH has issued final guidance permitting people with developmental disabilities who direct their own program of supports to hire legal guardians, in addition to any other family member or qualified adult, during the COVID-19 state of emergency. Anyone working with adults with developmental disabilities must be able to pass a background check, but the timeline for these reviews has been relaxed and the fiscal intermediaries who handle payments have been given guidance on how to conduct them, according to BHDDH.

The state’s response to COVID-19 in regard to adults with developmental disabilities will be reviewed in the U.S. District Court by Senior Judge John J. McConnell, Jr. May 18 at 2 p.m. McConnell has modified the requirements of a 2014 civil rights consent decree to address the health and safety of the protected class during the pandemic.

The judge and lawyers in the case will have a video conference. The public may listen to the proceedings by dialing into a judge-specific telephone line and entering an access code. The full instructions are on the website of the U.S. District Court here.