New Federal Nondiscrimination in Telehealth Guidance

From Justice in Aging

The Department of Health & Human Services Office for Civil Rights (HHS OCR) and the Department of Justice (DOJ) issued new guidance on nondiscrimination protections in federal civil rights laws, including the ADA, Section 504 of the Rehabilitation Act, Title VI of the Civil Rights Act, and Section 1557 of the ACA, that require that telehealth be accessible to people with disabilities and people with limited English proficiency. The guidance is aimed to help health care providers better understand their nondiscrimination obligations and patients better understand their rights under federal law. It includes examples of actions that may be discriminatory, steps that providers may need to take to ensure that health care offered via telehealth is accessible, and a list of resources.

This guidance follows HHS OCR’s release of a proposed rulemaking on Section 1557 (the Health Care Rights Law) that also addresses telehealth. For more information, read HHS OCR's fact sheet and Justice in Aging’s statement.