HHS Enacts New Rule to Enhance Disability Discrimination Protections
On May 1st, 2024 the U.S. Department of Health and Human Services (HHS), through its Office for Civil Rights (OCR), announced the finalization of a crucial rule titled "Discrimination on the Basis of Disability in Health and Human Service Programs or Activities." This new rule significantly strengthens protections for people with disabilities under Section 504 of the Rehabilitation Act, in line with Executive Order 14091, which aims to advance racial equity and support for underserved communities.
The new rule marks a milestone built on over fifty years of advocacy by the disability community. It aims to eliminate discrimination in healthcare, enforce standards for accessible medical equipment, and ensure digital accessibility in web content and mobile apps. HHS Secretary Xavier Becerra emphasized that this rule reinforces Section 504's role in safeguarding equal access to healthcare and social services for individuals with disabilities, ensuring they face no discrimination based on their disability.
OCR Director Melanie Fontes Rainer highlighted the overwhelming community support for the rule, noting its crucial role in removing healthcare barriers. The rule's updates address critical areas such as medical decision-making biases, accessibility of online health services, and compliance with modern disability standards.
Samuel Bagenstos, HHS General Counsel, and Alison Barkoff, Director of the Administration for Community Living, both underscored the rule's vital role in fulfilling the promise of treating disabled individuals as equal community members. The rule's robust framework ensures that people with disabilities receive fair treatment and protection under HHS-funded programs.
This comprehensive update will take effect 60 days after its publication, replacing the current interim rule. More information on this transformative rule and a detailed fact sheet can be accessed through HHS's official links provided in the documentation.
Key Features of the New Rule:
Clarifies and Strengthens Protections: Enhances civil rights safeguards for people with disabilities, ensuring fair treatment in medical settings and accessibility in digital services.
Comprehensive Coverage: Addresses discriminatory practices in healthcare decisions, ensures accessibility of medical diagnostic equipment and mandates accessible digital content.
Supports Decades of Advocacy: This rule is a result of extensive advocacy by the disability community, representing a significant advancement in civil rights.
Statements from HHS Leadership:
Secretary Xavier Becerra highlighted that the rule advances justice and prevents discrimination in healthcare and social services due to disability.
OCR Director Melanie Fontes Rainer noted the overwhelming support for the update, emphasizing the elimination of barriers to healthcare and social services.
HHS General Counsel Samuel Bagenstos remarked on the promise of equality and the potentially life-saving impact of the rule.
Alison Barkoff of the Administration for Community Living expressed pride in the collaborative effort to develop these regulations and the commitment to ongoing support for their implementation.
Specific Updates Included in the Rule:
Non-Discriminatory Medical Decisions: Prohibits biases or stereotypes in treatment decisions.
Accessibility Standards: Defines accessibility for websites and apps, adopting U.S. Access Board standards for medical equipment.
Enhanced Service Requirements: Ensures nondiscriminatory practices in child welfare and other HHS-funded services.
Integrated Service Delivery: Clarifies the need to provide services in the most integrated setting appropriate.
Implementation and Compliance:
The rule will be effective 60 days after publication. It updates existing requirements to align with the Americans with Disabilities Act (ADA) for improved compliance.
Resources and Further Information:
To file a discrimination complaint, visit: OCR Complaint Portal
View the final rule: Federal Register
Access a detailed fact sheet: HHS Fact Sheet
This final rule marks a significant milestone in the fight against disability discrimination, enhancing the protections afforded under Section 504 and supporting the equity goals of the federal government.
Read the full announcement by the U.S. Department of Health and Human Services here: https://www.hhs.gov/about/news/2024/05/01/hhs-finalizes-rule-strengthening-protections-against-disability-discrimination.html