On September 7, 2023, the U.S. Health and Human Services (HHS) Office for Civil Rights published a proposed update to the HHS regulations implementing Section 504 of the Rehabilitation Act of 1973, which prohibits agencies receiving federal funds from discriminating on the basis of disability. Since the passage of the Rehabilitation Act in 1973, the more far-reaching Americans with Disabilities Act (ADA) was passed in 1990. The proposed rule aligns HHS’ Section 504 regulations with newer ADA regulations in accordance with Congress’ directives to interpret the two consistently.
The proposed rule, titled Discrimination on the Basis of Disability in Health and Human Service Programs or Activities, includes the following priorities:
- Prohibits discriminatory evaluations used for the purpose of denying or limiting access to aids, benefits, or services based on disability status.
- Adopts the U.S. Access Board’s accessibility standards for medical equipment, such as height-adjustable exam tables, weight scales that are accessible to wheelchair users, and mammogram machines that are accessible from a seated position. This rule would require most doctor’s offices to comply within two years.
- Adopts the Web Content Accessibility Guidelines (WCAG) 2.1 standards for websites and mobile applications and requires self-service kiosks to be accessible.
- Prevents child welfare programs from discriminating against children, parents, caregivers, foster parents, and prospective parents with disabilities in decisions regarding child removal, foster parent eligibility, and placement of children in integrated settings appropriate to their needs.
- Reinforces the right to community living, mirroring the Supreme Court’s Olmstead decision, clearly stating requirements to provide services in the most integrated setting appropriate to a person’s needs.
On September 14, HHS began a 60-day public comment period on the proposed rule. Comments and feedback from members of the disability community are especially encouraged, as people with disabilities stand to be most impacted. The comment period closes Monday, November 13, so be sure to make your voice heard before then at the ACL.gov website!
