U.S. airlines now require that passengers wear masks in order to fly. They’ve been lobbying the federal government to require it, but it seems like compliance on planes is actually better than average compared to many states where it’s a legal requirement.
Passengers who have medical reasons not to wear a mask are exempt from the requirement. Delta is going a step farther than other airlines (as they often do, for better and worse) requiring passengers who want to claim a medical exemption to have a medical consult prior to travel. They’re advising passengers who want this exemption to arrive at the airport an extra hour early, to allow time for a virtual consultation with their outsourced medical provider.
I have to think that anyone who studies up on what to say will get the exemption, but also that the burden of having to go through the process will be enough to deter many from claiming one. It may not stop someone from agreeing to wear a mask, boarding, and taking it off inflight.
The interesting thing I think is what happens when passengers make obviously false claims to get a mask exemption: they get a ticket refund, and they risk a ban from the airline.
False claims of a disability or health condition to obtain an exemption for the mask requirement could result in the suspension of travel privileges.
According to Delta, passengers who are denied an exemption to the mask policy will receive a refund for their tickets.
It seems like a refund is far more likely than a ban, that any ban only would last as long as a mask mandate is in place (most passengers fly no more than once per year), and some people would prefer to get their money back now and worry about only flying United, American, JetBlue, Alaska, Spirit or other airlines later.
I am not recommending this course of action, wear a mask – even if low quality masks have lower benefits than good masks, any benefit seems worthwhile given that the cost of mask wearing is exceptionally low. I think the policy underscores a new seriousness, and a new marketing effort on Delta’s part, to get to compliance.
Who needs a likely very weak federal mask mandate when airlines can get creative like this in ways an enforcement bureaucracy likely never would?
Airlines in general will need to move to the southwest model of free changes and travel bank refunds even after corona, to setup for future infections
I’m interested if this policy meets ADA muster. Requiring someone to provide a doctor’s note from their own physician would be one thing, but requiring them to divulge protected medical information to Delta’s chosen medical provider is something else. I would imagine at some point it will be challenged in court.
ADA compliance has nothing to do with providing medical information to a medical professional.
There is no HIPAA violation.
You are not entitled to fly Delta at the expense of the health of others just because you have a “special” medical exemption.
C’mon, Pete! Don’t you know? Everyone’s special, especially those who can’t/won’t wear a mask!!!! They’re the most special of all…just let them tell you the ways!
Trying to use HIPAA to evade doing the right thing for the common good is a new one. My rights, my rights!!!! What’s next? We’ve already run the gamut of chiropractors, ob/gyn’s, TV personalities (both with and without Dr preceding their stage names).
@Pete – ADA compliance does require a company to not cause an “undue burden” which in the past has been very liberally defined. Someone who already has a note from their treating physician could certainly claim an undue burden when required to arrive early and endure a consultation with a healthcare provider they did not pick and are unable to verify the legitimacy of. I do not claim to know what the courts would do with such a claim, only that such a claim would not be outside the realm of other ADA compliance suits through the years.
Your claim that “You are not entitled to fly Delta at the expense of the health of others just because you have a “special” medical exemption.” is nonsense on two fronts. First, someone is only flying “at the expense of the health of others” if they actually have an active case of CoVID-19. Therefore someone who has tested negative or more significantly had CoVID-19 more than 4 weeks prior and has since tested positive for antibodies is endangering no one by not wearing a mask. Second, by law and by Delta policy, a medical exemption does in fact entitle someone to fly without a mask.
I completely support the right of Delta to verify medical exemption claims. I simply question the validity (and potential legality) of the way they are choosing to do it.
Smh. This absolutely will not work.
No mask, no fly. If you CAN’T wear a mask, you probably shouldn’t be flying. Stay home.
I love the Karen’s and their nonsense about putting EVERYONE in danger just because they’re not wearing a mask, because science! I think most of you didn’t know what a virus even was before this happened.
Then there are selfish, self-centered people like you who only think of themselves.
I posted this over at Ben’s blog as well, but it’s hard to see how DL’s policy complies with the Air Carrier Access Act (which, in this regard, is largely indistinguishable from the ADA)::
First, DL is essentially requiring documentation of a disability, but the ACAA regulations are clear that a carrier may not require a passenger to provide a medical certificate documenting a disability (except in limited circumstances not applicable here):
“14 CFR § 382.23 May carriers require a passenger with a disability to provide a medical certificate?
(a) Except as provided in this section, you must not require a passenger with a disability to have a medical certificate as a condition for being provided transportation…“
Second, the ACAA regulations also prohibit airlines from requiring passengers who need disability accommodations to provide advance notice of the need for accommodation (again subject to certain exceptions not relevant here):
“14 CFR § 382.27 May a carrier require a passenger with a disability to provide advance notice in order to obtain certain specific services in connection with a flight?
(a) Except as provided in paragraph (b) of this section and § 382.133(e)(4) and (5) and (f)(5) and (6), as a carrier you must not require a passenger with a disability to provide advance notice in order to obtain services or accommodations required by this part…”
It’s hard to see how the “virtual consultation” is not an impermissible advance notice requirement.
Without delving into the whole Mask Vrs No Mask argument……
Can we at least all agree, that there are some people who legitimately cannot wear a mask due to health reasons? This whole denial regarding legitimate health issues, is bordering on the moronic.
@ DSG – You’re such a humanitarian. I’m so self centered and thousands will DIE because I want to travel. I wish I could be a philanthropist like you.
@Storm you talk about the air carrier access act and how the exceptions don’t apply, but literally all you have to do is scroll down. Read the whole thing next time.
(d) As a carrier, you may require that a passenger with a medical certificate undergo additional medical review by you if there is a legitimate medical reason for believing that there has been a significant adverse change in the passenger’s condition since the issuance of the medical certificate or that the certificate significantly understates the passenger’s risk to the health of other persons on the flight. If the results of this medical review demonstrate that the passenger, notwithstanding the medical certificate, is likely to be unable to complete the flight without requiring extraordinary medical assistance (e.g., the passenger has apparent significant difficulty in breathing, appears to be in substantial pain, etc.) or would pose a direct threat to the health or safety of other persons on the flight, you may take an action otherwise prohibited under § 382.21(a) of this part.
@Joe wear a mask for others and travel freely.
Wearing a mask is LITERALLY the most basic thing Americans can do to help one another (one which has an incredibly high ROI so to speak) yet a healthy chunk of the country just won’t. Because “personal freedom” or some other garbage. SMFH.
“I am not recommending this course of action, …”. Uhhh, yes, you ARE recommending this course of action — just look at the title of the story: “All Delta Tickets Are Now Refundable, Just Claim A Fake Exemption To The Mask Requirement”
@Chris —
You need to read the whole section. There are very limited circumstances where an airline may require a medical certificate demonstrating that the passenger may safely fly with the condition (this is not one of them). The subsection you cite applies only to those circumstances — where the airline may require a contemporaneous medical examination to confirm that the condition still permits the passenger to fly.
I assume this means all food and beverage consumption is going to be banned.
People have already figured out the “exemption” from masks for airlines and other things. Idiots will exploit it just like they did pets on planes. I have asthma and copd (and I never smoked). I have 36% lung capacity. I always wear a mask, even though it is difficult. It is the right thing to do. We would not be having this discussion nationally if from DAY ONE, everyone in our government, from the top down, was united in the need to wear a mask. We are living through a disaster right now and we have our non believers still. Just awful.
Gary will do anything for clicks.
The other day on a flight I took my mask off to drink a coke – it took about 90 minutes.
I’m so sick seeing this complete lack of care for others! Wearing a mask is for most folks the right thing to do!
What is different about a mask vs a seatbelt which we all put on every time we fly without the excuse that our freedom is getting taken away?
I for one have a mask issue I don’t see addressed much and that is the fact that I wear glasses and every mask I’ve tried over 20 different types all have the same result my glasses immediately fog over and none of the common fixes recommended will work but in the interest of doing my part I wear the mask and wipe my glasses often!
I also try to avoid places where masks are required!
As much as we enjoy the Disney parks we just are not going until we can go with no mask.
A wet sloppy mask in the Florida heat and humidity is not our idea of fun!