Per the notice below, the United States Office for Civil Rights (OCR) has issued guidance for health care providers on their obligations with respect to disability rights where programs that receive federal monies are concerned.

HHS Office for Civil Rights Issues Guidance Regarding Obligations Under the Disability Provisions of Section 504 and Section 1557

Covered entities are responsible for knowing and complying with all disability regulations including new provisions

On May 9, 2024, the U.S. Department of Health and Human Services’ (Department) Office for Civil Rights (OCR) published a final rule updating regulations implementing Section 504 of the Rehabilitation Act of 1973 (Section 504)^[1] which prohibits discrimination on the basis of disability in any program and activity receiving Federal financial assistance.  The rule went into effect on July 8, 2024.  This rule clarifies and strengthens civil rights protections for people with disabilities in health and human service programs funded by the Department.  In addition, on April 26, 2024, the Department issued a final rule updating regulations implementing Section 1557 of the Affordable Care Act (Section 1557),^[2] which prohibits discrimination based on race, color, national origin, sex age, or disability in covered health programs and activities.

“Recent updates to Section 504 and Section 1557 provide important protections for people with disabilities and it is incumbent upon health care providers and programs to comply with the new regulations” said OCR Director Melanie Fontes Rainer.  “OCR is committed to providing technical assistance to ensure providers know the law and comply in a timely manner.”

OCR is issuing a Dear Colleague Letter that calls attention to obligations under both 504 and 1557 as well as two documents that address requirements under Section 504 on the accessibility of medical diagnostic equipment and requirements to provide accessible web content, mobile apps, and kiosks.  The new regulations may require covered entities to take specific actions.  Information is provided on subjects including:

• Medical Treatment
• Value Assessment Methods
• Accessibility of Kiosks
• Web Content and Mobile App Accessibility
• Medical Diagnostic Equipment
• Effective Communications
• Integration
• Revisions Made for Consistency with the Americans with Disabilities Act

OCR is committed to ensuring accessibility for people with disabilities while informing covered entities of their obligations so that they can comply with the law.  OCR will continue to update its guidance documents and provide technical assistance and outreach.  Health care providers are encouraged to visit the OCR Section 504 web page and the Section 1557 web page for additional information on their disability nondiscrimination obligations.  While the disability nondiscrimination obligations of Section 504 and Section 1557 are similar, there are some deviations, and it is the responsibility of the recipient/covered entity to ensure that they comply with both laws.  If you believe that you or someone else has been discriminated against because of race, color, national origin, disability, age, sex, or religion in programs or activities that HHS directly operates or to which HHS provides federal financial assistance, you may file a complaint with the HHS Office for Civil Rights at:  https://www.hhs.gov/civil-rights/filing-a-complaint/index.html.