HHS Issues New Rule to Strengthen Disability Discrimination Prohibition in Healthcare Programs

The US Department of Health and Human Services (HHS), through its Office for Civil Rights (OCR), revealed that this move aligns with its objective to promote access to healthcare and human services for persons with disabilities further prohibiting discrimination on the basis of disability.

The Biden-Harris Administration has announced a proposed rule titled Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance, in a move to enhance access to healthcare for individuals with disabilities. 

The US Department of Health and Human Services (HHS), through its Office for Civil Rights (OCR), revealed that this move aligns with its objective to promote access to healthcare and human services for persons with disabilities further prohibiting discrimination on the basis of disability.

The proposed rule revises and strengthens the existing regulation that implements Section 504 of the Rehabilitation Act of 1973. Additionally, the new rule would clarify obligations in several crucial areas not explicitly addressed in the current regulations.

This proposal by HHS seeks to bring greater alignment with the Americans with Disabilities Act, the Americans with Disabilities Amendments Act, amendments to the Rehabilitation Act, and significant case law.

This Notice of Proposed Rulemaking (NPRM) provides clarification on the application of Section 504 to various crucial aspects. The proposed rule:

• Ensures that medical treatment decisions are not influenced by biases or stereotypes about individuals with disabilities, assumptions that an individual will be a burden on others or beliefs that the life of an individual with a disability holds lesser value
• Clarifies obligations for web, mobile, and kiosk accessibility
• Introduces enforceable standards for accessible medical equipment
• Clarifies requirements in HHS-funded child welfare programs and activities
• Prohibits the utilisation of value assessment methods that place a lower value on life extension for individuals with disabilities when such methods are employed to limit access or deny aids, benefits, and services
• Clarifies obligations to provide services in the most integrated setting appropriate to the needs of individuals with disabilities.

Sharing his views, Xavier Becerra, Secretary, HHS, said, 'œIt'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 benefits 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.'

Originally published in 1977, the new proposed rule extends the promise of the Rehabilitation Act, playing a pivotal role in preventing discrimination against people with disabilities in any program or activity receiving funding from HHS. 

Speaking on the matter, Melanie Fontes Rainer, director HHS Office OCR, said, 'œWhile we have made significant progress since Section 504 was signed into law nearly 50 years ago, there is more work for us all to live up to its promise to the American people."