Section 504 of the Rehabilitation Act of 1973, a national law, protects individuals from discrimination based on their disability, in programs that receive federal financial assistance as well as those conducted by Federal agencies. A comprehensive final 504 rule, entitled “Discrimination on the Basis of Disability in Health and Human Services Programs or Activities,” put in place recently, is the first such update since the regulation was initially put in place more than 40 years ago. It “creates one of the most powerful tools we have ever had to combat discrimination based on disabilities in health care and human services.” The new rule, resulting directly from many years of advocacy by people with disabilities, clarifies obligations by covered entities in a number of critical areas. It “addresses discrimination in medical treatment, adds enforceable standards for accessible medical diagnostic equipment, and ensures accessible web content and mobile apps.” Among specific provisions of the rule, it:
– ensures that decisions regarding medical treatment are not based on negative bias or stereotypes, such as “dehumanizing beliefs” that the life of a person with a disability has less value than that of a person without a disability;
– defines the meaning of accessibility for websites and mobile applications, establishing specific technical requirements to ensure that health and human services provided through these platforms are accessible to and usable by individuals with disabilities; and
– clarifies requirements to “provide services in the most integrated setting,” like in an individual’s home, “appropriate to the needs of individuals with disabilities.”
For more details on the new rule strengthening protections against disability discrimination, read the announcements from the U.S. Department of Health and Human Services and the Administration for Community Living (ACL). A summary can also be found on page 10 of the August 2024 issue of AbleNews. The full rule may be read or downloaded from the Federal Register here. Additional information on Section 504 is available on the HHS website.
