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Tags Posts tagged with "Rehabilitation Act of 1973"

Rehabilitation Act of 1973

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The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has issued a Final Rule to advance equity and bolster protections for people with disabilities. The final rule, Discrimination on the Basis of Disability in Health and Human Service Programs or Activities, updates, modernizes, clarifies, and strengthens the implementing regulation for Section 504 of the Rehabilitation Act of 1973. Section 504 prohibits discrimination on the basis of disability in programs and activities that receive Federal financial assistance.

The historic rule provides robust civil rights protections for people with disabilities in federally funded health and human services programs, such as hospitals, health care providers participating in CHIP and Medicaid programs, state and local human or social service agencies, and nursing homes. Reflecting on over 50 years of advocacy by the disability community, it advances the promise of the Rehabilitation Act and helps to ensure that people with disabilities are not subjected to discrimination in any program or activity receiving funding from HHS. This final rule is consistent with Section 504 statutory text, congressional intent, legal precedent, and the Biden-Harris Administration’s commitment to advancing equity and civil rights.

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Overview of HHS’ Final Rule Implementing Section 504 of the Rehab Act
Tuesday, May 28, 2024
2:00 pm ET
Register Here

On May 1, 2024, the US Department of Health and Human Services (HHS) made disability rights history with the release of a long-awaited final rule implementing Section 504 of the Rehabilitation Act of 1973. This comprehensive update — the first since the initial regulation was put into place more than 40 years ago — creates one of the most powerful tools we have ever had to combat discrimination based on disability in health care and human services.

In this webinar, leaders from the HHS Office for Civil Rights (OCR) will provide an overview of the rule’s critical provisions for the disability and aging networks. ASL and CART will be provided. A recording will be available on ACL’s website shortly after the webinar.

ACL was proud to work with their partners in the OCR and the disability community to achieve this top priority, and they are looking forward to working with OCR, the disability and aging networks, and the broader community to ensure that people with disabilities know about the rule’s powerful provisions to uphold their civil rights and guarantee they have equal access to health care and human services.

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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.

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