HHS Finalizes Rule Strengthening Protections Against Disability Discrimination

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HHS Finalizes Rule Strengthening Protections Against Disability Discrimination

Andrea Palm, Deputy Secretary | https://www.hhs.gov/about/leadership/andrea-palm.html

The U.S. Department of Health and Human Services (HHS), under its Office for Civil Rights (OCR), has recently finalized a rule aimed at enhancing protections against disability discrimination. Titled "Discrimination on the Basis of Disability in Health and Human Service Programs or Activities," this rule is a significant step towards advancing equity and bolstering safeguards for individuals with disabilities under Section 504 of the Rehabilitation Act.

Secretary Xavier Becerra emphasized the significance of this rule, stating, “This rule strengthens the protections afforded by Section 504, a landmark civil rights law, and furthers the Department’s commitment to ensuring equal access to this nation’s health care system and its social service programs for people with disabilities and their families.”

HHS OCR Director Melanie Fontes Rainer echoed the sentiment that the rule was overdue and received overwhelming support for updating protections for people with disabilities. She highlighted the importance of removing barriers to health care and social services to advance justice for individuals with disabilities who have long been subjected to discrimination.

The updated Section 504 rule is a culmination of years of advocacy by the disability community. HHS General Counsel Samuel Bagenstos pointed out that Section 504 promises that disabled individuals will be treated as full and equal members of society, with access to critical health and social services.

Alison Barkoff, who leads the Administration for Community Living, emphasized the rule's role in combating discrimination and inequities faced by disabled individuals. She expressed pride in working towards developing regulations that protect the civil rights of people with disabilities and pledged ongoing support for the rule's implementation.

The Final Rule under Section 504 prohibits discrimination on the basis of disability in programs and activities funded by HHS. The rule includes provisions to ensure equitable medical treatment decisions, accessibility of websites and mobile applications, and standards for accessible medical diagnostic equipment, among other critical updates.

This rule aligns with the Biden-Harris Administration's commitment to equality and civil rights, marking a significant stride towards protecting the rights and dignity of individuals with disabilities.