By: Christopher Parrella, Esq., CPC, CHC, CPCO
Parrella Health Law, Boston, Ma.
A Health Care Provider Defense and Compliance Firm

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has finalized landmark updates to regulations under Section 504 of the Rehabilitation Act of 1973 and Section 1557 of the Affordable Care Act. These changes aim to eliminate discrimination against individuals with disabilities and ensure equitable access to healthcare services.

Key Updates to Disability Protections

Section 504 Enhancements

Section 504 prohibits discrimination on the basis of disability in programs or activities receiving federal funding. The updated regulations address:

1. Medical Treatment Accessibility:
   • Providers must offer equitable medical treatments regardless of stereotypes or biases about disabilities.
   • Treatment decisions must focus on medical efficacy rather than perceived quality of life for individuals with disabilities.
2. Value Assessment Standards:
   • Prohibits the use of assessment tools that devalue life extensions for people with disabilities.
   • Ensures nondiscriminatory approaches in determining eligibility for treatments.
3. Accessible Medical Diagnostic Equipment (MDE):
   • Mandates acquisition of accessible MDE such as adjustable exam tables and wheelchair-accessible scales.
   • Recipients must meet minimum thresholds for accessible equipment by 2026 or 2027, depending on the size of the organization.
4. Effective Communication:
   • Requires healthcare providers to ensure that communication with individuals with disabilities is as effective as communication with others.
   • Includes provisions for auxiliary aids such as sign language interpreters and Braille documents.
5. Web and Mobile App Accessibility:
   • All web content and apps must comply with Web Content Accessibility Guidelines (WCAG) 2.1 AA by 2026 or 2027.

Section 1557 Reinforcements

Section 1557 extends additional protections against disability discrimination in federally funded health programs. Key provisions include:

• Obligations for telehealth services to comply with accessibility standards.
• Prohibitions against discriminatory benefit designs that segregate or institutionalize individuals with disabilities.

Impact on Healthcare Providers

Healthcare providers must:

• Review and update policies to eliminate discriminatory practices.
• Train staff on new accessibility and nondiscrimination requirements.
• Implement accessible infrastructure and technology solutions.
• Ensure compliance with web and mobile accessibility standards by the stipulated deadlines.

Why This Matters

Despite existing protections, individuals with disabilities continue to face significant barriers in accessing equitable healthcare. Research underscores persistent disparities, including limited access to preventative care and diagnostic services. These updated rules provide a robust framework to bridge the gaps and promote health equity.

Call to Action

Healthcare organizations must act now to align with the new regulations. Parrella Health Law is here to guide you through this transition. From policy development to staff training, our team specializes in healthcare compliance and accessibility standards.

Contact us today at 857.328.0382 or reach out to Chris directly at cparrella@parrellahealthlaw.com to ensure your organization is prepared to meet these critical requirements.