Tags Posts tagged with "Proposed Rulemaking"

Proposed Rulemaking

Last week, the US Department of Health and Human Services (HHS) Secretary Xavier Becerra hosted a press conference to announce a rule proposed by the HHS Office for Civil Rights that would update Section 504 of the Rehabilitation Act of 1973. This is the first time these critical regulations will have been updated since they were originally signed in 1977, after four years of tireless advocacy and a 28-day protest led by disability civil rights leaders.

Updates to the rule include:

  • Clarifications on the obligations to provide services in the most integrated setting appropriate to a person’s needs, consistent with the Supreme Court’s decision in Olmstead v. L.C;
  • Medical treatment decisions are not based on biases or stereotypes about people with disabilities, judgments that an individual will be a burden on others, or beliefs that the life of an individual with a disability has less value than the life of a person without a disability;
  • Adoption of standards for accessible diagnostic medical treatment;
  • Adoption of the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, which are accessibility standards for websites and mobile applications;
  • Clarification of requirements in HHS-funded child welfare programs and activities to help eliminate discriminatory barriers faced by children, parents, caregivers, foster parents, and prospective parents with disabilities; and
  • Prohibition of the use of value-of-life assessments in treatment decisions.

Read the official announcement, full rule, fact sheet, and instructions on how to provide comments on the HHS website. If you have any questions, please contact Fady Sahhar.

RCPA has been notified that a proposal was recently delivered to the Independent Regulatory Review Commission (IRRC) and the designated standing committees of the PA House and Senate for review.

Specifically, the Department of Human Services (DHS), under the authority of section 403.1(a)(6) of the Human Services Code (code) (62 P.S. § 403.1(a)(6)), proposes to amend §1101.51 (relating to ongoing responsibilities of providers). The proposed rulemaking will amend §1101.51 by rescinding subsection (c)(3), which prohibits providers from leasing or renting space, shelves, or equipment within a provider’s office to another provider or from allowing the paid or unpaid staff of a provider to be placed in another provider’s office (i.e. co-location).

The proposal can be viewed on IRRC’s website. The proposal was also published in the June 26, 2021 edition of the PA Bulletin.

The rulemaking has a 30-day public comment period that closes on July 26, 2021. If IRRC has any comments on the proposal, they must be submitted to DHS by August 25, 2021. Below are instructions for submitting comments to DHS.

Interested persons are invited to submit written comments, suggestions, or objections regarding this proposed rulemaking to the Department of Human Services, Office of Medical Assistance Programs, c/o Regulations Coordinator, Room 515, Health and Welfare Building, Harrisburg, PA 17120, within 30 calendar days after the date of publication of this proposed rulemaking in the Pennsylvania Bulletin. Reference Regulation No. 14-549 when submitting comments.

Persons with a disability who require an auxiliary aid or service may submit comments by using the Pennsylvania Hamilton Relay Service at (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). Please note that any comments submitted to the Department will be shared with IRRC and the committees and will be posted to IRRC’s website.

If you have any questions, please contact Jack Phillips, Director of Government Affairs.