HHS Finalizes Rule to Strengthen Protections for People with Disabilities in Health Care

From National Health Law Program

"The Department of Health and Human Services has announced robust updates to Section 504 regulations aimed at strengthening protections against discrimination based on disability in health care programs and services. This final rule, which applies to recipients of Federal financial assistance, addresses critical areas, including medical treatment decisions, value assessment methods, child welfare programs, web and mobile accessibility, accessible medical equipment, and integration.

“This rule provides much-needed emphasis on preventing discrimination in medical decision-making and finally codifies longstanding Olmstead precedent into regulation,” said Jennifer Lav, Senior Attorney at the National Health Law Program. “Health care today does not look the same as it did in 1977, the last time these regulations were updated. It’s time for regulations to reflect the world we’re living in. With robust enforcement, we’re hopeful that this long overdue update will help make health care more accessible and equitable for people with disabilities.”

The final rule requires that medical treatment decisions be free from biases or stereotypes about individuals with disabilities, ensuring that judgments regarding a person's worth do not influence the provision of care. The final rule prohibits discriminatory value assessment methods that devalue the lives of people with disabilities. Using these tools to decide which treatments are cost-effective can limit or deny people with disabilities access to essential aids, benefits, or services.

Importantly, the rule also reinforces existing regulations requiring programs and activities to be administered in the most integrated setting appropriate for individuals with disabilities. By incorporating language reflecting established legal principles, it clarifies recipients' obligations under Section 504 of the Rehabilitation Act and emphasizes the right to community-based services when appropriate.

HHS also takes important steps to remedy the rampant discrimination parents with disabilities, particularly BIPOC parents with disabilities, face in the child welfare system, and the disproportionate rates of child removal. The final rule establishes detailed requirements to prevent discrimination in various aspects, such as parent-child visitation, reunification services, foster care, and parenting skills programs. It also clarifies that states cannot remove children simply because the parents take prescribed medications for opioid use disorder. The rules ensure that both parents with disabilities and children with disabilities receive equitable treatment and support throughout their involvement with child welfare services.

Furthermore, the rule establishes enforceable standards for accessible medical diagnostic equipment, marking a significant step toward addressing health disparities experienced by people with disabilities. This improves access to essential diagnostic services at medical facilities."