As part of its ongoing efforts to advance equity for people with disabilities and protections against discrimination, the U.S. Department of Health and Human Services (HHS) has recently issued two key rules.
The first, announced on April 26 by the HHS Office for Civil Rights (OCR) and the Centers for Medicare & Medicaid Services (CMS), is a final rule under Section 1557 of the Affordable Care Act (ACA) that advances protections against discrimination in health care on the basis of race, color, national origin, sex, age, and disability. Among key aspects of this rule are reduced language access barriers, expanded physical and digital accessibility, and a focus on reducing bias in health technology.
Following this, on May 1, HHS OCR finalized a rule titled “Discrimination on the Basis of Disability in Health and Human Service Programs or Activities.” The rule advances equity and bolsters protections for people with disabilities under Section 504 of the Rehabilitation Act. Section 504 is a law that prevents discrimination based on disability by entities that receive federal funding.
In a public statement, Maria Town, the President and CEO of the American Association for People with Disabilities, lauded this rule as momentous for the disability community. “While this rule will not end ableism,” she said, “it provides us with a meaningful tool if and when we do encounter bias while interacting with child welfare systems, adoption agencies, and in healthcare settings that receive federal funds. This rule is going to save and lengthen lives, keep families together and keep people in their communities, and improve access to and quality of medical care disabled people receive.”