The Department of Health and Human Services (HHS) on Thursday, through its Office for Civil Rights, proposed a new rule that prohibits discrimination based on a person’s disability.
The rule, Nondiscrimination on the Basic of Disability in Programs or Activities Receiving Federal Financial Assistance, updates critical provisions that help people with disabilities access health and human services under Section 504 of the Rehabilitation Act of 1973. The rule, originally published in 1977, aims to ensure that people with disabilities are not discriminated against in any program or activity receiving HHS funding just because they have a disability.
“It’s 2023, yet for many Americans accessing basic health needs is still challenging. Some persons with disabilities may have to drive hours to get an accessible mammogram or receive the benefit and advancements of our health care system. This historic proposed rule will advance justice for people with disabilities and help ensure they are not subjected to discrimination under any program or activity receiving funding from HHS just because they have a disability,” said HHS Secretary Xavier Becerra in the announcement. “We celebrate the inclusion and access promoted by this landmark civil rights law for people with disabilities, by taking action in this proposed regulation to clarify and strengthen the protections afforded by Section 504, reflecting over fifty years of advocacy by the disability community.”
Alison Barkoff, who leads the Administration for Community Living (ACL) said the organization is pleased to collaborate with the Office for Civil Rights to ensure the rule addresses the most pressing issues and priorities of the disability community. “The COVID-19 pandemic shone a spotlight on the discrimination that too many people with disabilities continue to face, from denial of medical treatment due to ableism, to inaccessible medical equipment and websites, to having no choice but to receive services in institutional settings,” she said.
The proposed rule:
- Ensures that medical treatment decisions are not based on biases or stereotypes about individuals with disabilities, judgments that an individual will be a burden on others, or beliefs that the life of an individual with a disability has less value than the life of a person without a disability
- Clarifies obligations for web, mobile, and kiosk accessibility
- Establishes enforceable standards for accessible medical equipment
- Clarifies requirements in HHS-funded child welfare programs and activities
- Prohibits the use of value assessment methods that place a lower value on life-extension for individuals with disabilities when that method is used to limit access or to deny aids, benefits, and services
- Clarifies obligations to provide services in the most integrated setting appropriate to the needs of individuals with disabilities
The proposed rule will be published in the Federal Register on September 14. Public comments are due 60 days after publication.