HHS finalizes rule prohibiting disability discrimination in healthcare programs

The Department of Health and Human Services has finalized a new rule that prohibits discrimination on the basis of disability, aiming to advance equity and enhance protections for people with disabilities under Section 504 of the Rehabilitation Act.

The rule, titled Discrimination on the Basis of Disability in Health and Human Service Programs or Activities, is part of HHS’ efforts to further Executive Order 14091, which focuses on advancing racial equity and supporting underserved communities through the federal government.

According to HHS, the final rule clarifies and strengthens civil rights protections for individuals with disabilities, addresses discrimination in medical treatment, establishes enforceable standards for accessible medical diagnostic equipment, and ensures accessible web content and mobile apps.

The goal of the rule is to prevent people with disabilities from experiencing discrimination in any program or activity that receives funding from HHS.

Section 504 of the Rehabilitation Act prohibits discrimination on the basis of disability in programs and activities that receive HHS funding. The updated regulations clarify obligations in various areas, including ensuring that medical treatment decisions are not influenced by negative biases or stereotypes about individuals with disabilities.

Additionally, the rule prohibits the use of any measure or tool that devalues the life of an individual with a disability to deny access to benefits or services. It also defines accessibility for websites and mobile applications and sets technical standards to ensure that healthcare services delivered through these platforms are accessible to individuals with disabilities.

The rule also adopts standards for accessible medical diagnostic equipment, clarifies obligations to provide services in integrated settings, and outlines requirements to ensure nondiscrimination in services provided by HHS-funded child welfare agencies.

The updated requirements align with the Americans with Disabilities Act to ensure consistency for HHS recipients covered by both laws.

The rule comes at a crucial time, as disparities in healthcare access and quality have been observed among people with disabilities. The updated regulations aim to address these disparities and ensure that individuals with disabilities receive equitable access to healthcare and social services.

HHS OCR Director Melanie Fontes Rainer emphasized the importance of the rule in removing barriers to healthcare and social services for people with disabilities. She highlighted the Biden-Harris Administration’s commitment to equality and civil rights through the implementation of this rule.

Overall, the updated rule is seen as a significant step in combating discrimination and inequities faced by people with disabilities, with strong support from advocacy groups and the disability community.