09/21/2023

HHS Proposes to Strengthen Disability Anti-Discrimination Regulations in Health Care

Earlier this month, the Office for Civil Rights at the U.S. Department of Health and Human Services (HHS) proposed new regulations implementing Section 504 of the Rehabilitation Act of 1973, which prohibits Medicare and Medicaid providers and other recipients of federal funding from discriminating against people with disabilities. 

The proposed rule aims to bring the existing regulations in line with the Americans with Disabilities Act and decades of litigation, including the 1999 Olmstead v. L.C. decision recognizing the right of people with disabilities, including older adults, to live in community-integrated settings. Among other things, the proposed regulations would prohibit discrimination in medical treatment, establish standards for accessible medical equipment and websites, mobile app, and self-service kiosks; ensure effective communications through auxiliary aids and services; and clarify the law’s mandate to provide care and services in the most integrated setting appropriate to a person’s needs.

It is important for HHS to hear from advocates for older adults about the importance of this rule. Learn more about the proposed rule and how to comment.