Proposed Updates to Section 504

This year marks the 50th anniversary of the Rehabilitation Act and the Biden-Harris Administration is marking the occasion by taking action to advance equity for people with disabilities. On September 7, 2023, the Department of Health and Human Services (HHS) announced that it had proposed updates to Section 504 of the Rehabilitation Act (Section 504). Section 504 prohibits discrimination on the basis of disability in Federal programs and activities and any programs that receive Federal financial assistance. The Rehabilitation Act was passed into law in 1973 and the regulations for Section 504 were implemented in 1977 (after the Disability Community held protests demanding that the Federal government finally issue the regulations). However, the regulations have not been updated since they were first implemented 46 years ago.

The proposed rule focuses on prohibiting disability-based discrimination in Health and Human Service programs and activities, including:

• Prohibiting disability discrimination in medical treatment, including when a disabled person needs an organ transplant or other lifesaving treatment.
• Prohibiting disability discrimination in value assessments. According to the National Health Council, value assessments are tools that help to determine “whether a health service (e.g., drug, device, surgery) should be used, and if so, how it is best used in the health care system, and which patients are most likely to benefit from it. Assessments vary, but most look at the health benefits and risks of using the treatment or technology.”
• Ensuring access to medical equipment including medical exam tables and scales, as well as diagnostic equipment such as mammography machines.
• Ensuring accessibility on digital platforms including websites, mobile apps, and kiosks.
• Prohibiting discrimination against children and adults with disabilities in child welfare programs, including foster care, family reunification services, adoptive parent assessments, and more.
  

While these are all great advancements for the Disability Community, they are not guarantees just yet. Right now, these are all just proposals for updates to Section 504. In order for these to move forward, the Department of Health and Human Services has issued a Notice of Proposed Rulemaking, which allows members of the public to review the proposal and provide comments to the federal government about the proposal. The public comment period will be open for 60 days, and the comments made will be considered before the updates to Section 504 are finalized.

Please submit your comments on the proposed updates to the rule on or before November 13, 2023. There may be some people or institutions who are opposed to these updates, so it is important for people with disabilities to make their voices heard in this process!