HHS proposes updates to rule to protect patients, others with disabilities

The Department of Health and Human Services' Office for Civil Rights released a proposed rule intended to update and clarify requirements under Section 504 of the Rehabilitation Act that prohibits discrimination on the basis of disability in programs receiving financial assistance, including health care.  According to HHS, the proposed rule would ensure that medical treatment decisions are not based on biases or stereotypes about individuals with disabilities; prohibit the use of value assessment methods that place a lower value on life-extension for individuals with disabilities when used to limit access or to deny aids, benefits and services; establish enforceable standards for accessible medical diagnostic equipment; and clarify obligations for accessible web and mobile applications and obligations to provide services in the most integrated setting appropriate to an individual's needs.  The rule will be published in the September 14 Federal Register.  

HHS encourages all stakeholders to submit comments through regulations.gov.  Public comments are due 60 days after the publication of the NPRM in the Federal Register, which can be viewed here: https://www.federalregister.gov/public-inspection/2023-19149/discrimination-on-the-basis-of-disability-in-health-and-human-service-programs-or-activities