Civil rights laws continue to make a difference! The ADA was a ground-breaking civil rights law that passed in 1990 and will celebrate its 34th anniversary in July. It was designed after a previous law called the Rehabilitation Act of 1973, which was directed at the federal government and entities that received federal funding. In May 2024, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued a final rule that “updates, modernizes, clarifies, and strengthens” the implementation of the Rehab Act.
The final rule provides strong protections in health and human services programs that are federally funded, such as hospitals, health care providers that participate in CHIP and Medicaid programs, state and local or social service agencies, and nursing homes. In passing this final rule, HHS says “Reflecting over 50 years of advocacy by the disability community, it advances the promise of the Rehabilitation Act and helps to ensure that people with disabilities are not subjected to discrimination in any program or activity receiving funding from HHS.”
The rule addresses:
- Medical Treatment - Ensures that medical treatment decisions are not based on biases or stereotypes about individuals with disabilities, judgments that an individual with a disability 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.
- Value Assessment Methods - The final rule prohibits the discriminatory use of such methods, as these methods may lead to discrimination against individuals with disabilities when they place a lower value on life-extension for individuals with disabilities or when that method is used to limit access or deny aids, benefits, or services.
- Child Welfare Programs and Activities - This section sets forth detailed requirements to ensure nondiscrimination in the services provided by child welfare agencies, including, but not limited to, parent-child visitation, reunification services, child placement, parenting skills programs, and in- and out-of-home services.
- Web and Mobile Accessibility - The final rule defines what accessibility means for websites and mobile applications and requires compliance with specific technical standards (Web Content Accessibility Guidelines, WCAG 2.1 AA). This aligns with the standards recently published by the Department of Justice under Title II of the ADA.
- Accessible Medical Equipment - The final rule adopts the U.S. Access Board’s standards for accessible medical diagnostic equipment. It also requires that, within two years of the effective date, recipients using examination tables and/or weight scales have at least one accessible version of the equipment.
- Integration - The final rule incorporates language established through Supreme Court and other significant court decisions that require the provision of community-based services to people with disabilities. The final rule will help recipients better understand and comply with their obligations under Section 504 and provide more detail about the right to be served in the most integrated setting appropriate for individuals with disabilities.
The final rule also reflects amendments to Section 504, the ADA, and significant case law. New sections that have been added apply to:
- Service Animals
- Maintenance of Accessible Features
- Personal Services and Devices
- Mobility Devices
- Communications
- Direct Threat
- Retaliation and Coercion
- Limitations
For more information, visit:
Press Release: HHS Finalizes Rule Strengthening Protections Against Disability Discrimination | HHS.gov
Summary: Section 504 of the Rehabilitation Act of 1973 Part 84 Final Rule: Fact Sheet | HHS.gov