The U.S. Department of Health and Human Services (HHS) has introduced a proposal to amend Section 504 of the Rehabilitation Act of 1973, enhancing disability protections established by this federal law 50 years ago. Section 504 is a pivotal civil rights law prohibiting disability discrimination in any program or activity receiving federal funding or conducted by a federal agency, including public schools, nursing homes and hospitals.

Disability advocates advocated for the regulation, resulting in its adoption four years later and serving as a foundation for the Americans With Disabilities Act of 1990 (ADA).

HHS’s proposed rule seeks to clarify and update responsibilities for providing fair healthcare and social services to disabled individuals, which are currently not explicitly detailed in Section 504. For example, the rule sets a clear standard for accessible medical equipment, benefiting over 20 million disabled adults with mobility challenges. It also addresses requirements in child welfare services.

Additionally, the amendment includes language to ensure that medical decisions are not biased against individuals with disabilities, ensuring that their lives are equally valued. This amendment aims to align Section 504 with other disability laws like the ADA, ADA Amendments Act of 2008, and the Affordable Care Act, as well as statutory additions to the Rehabilitation Act.

HHS Secretary Xavier Becerra emphasizes the importance of maintaining consistency with these laws to prevent disability-based discrimination. While these changes are being made, the existing Section 504 will stay in place.

Despite federal protections, disabled Americans still face discrimination in healthcare and social services, which was exacerbated during the COVID-19 pandemic. Issues range from denial of care due to bias to difficulties posed by inaccessible equipment and websites. Certain disabled individuals are left with no alternative but to obtain care in institutional environments.

Instances where “low quality of life” is used to justify denying care have been reported, such as in 2020 when disabled individuals were denied care in Oregon hospitals. Throughout the United States, certain states have devised strategies that permit discrimination against disabled and elderly individuals during emergencies, such as the pandemic, as a means of handling healthcare resource shortages.

This discriminatory trend continued in 2022 when children with Down Syndrome and intellectual disabilities were denied organ transplants in various states. In 2013, the Access Board identified access barriers, including inaccessible medical equipment, as reasons for inadequate healthcare among disabled individuals.Despite the board’s establishment of technical standards for medical diagnostic equipment in 2017, existing federal disability regulations do not mandate healthcare providers to have such accessible equipment in their facilities.

In summary, the Department of Health and Human Services (HHS) is working to make federal laws stronger in protecting people with disabilities. They want to improve a law called Section 504 of the Rehabilitation Act, which stops disability discrimination in places that get federal money, like hospitals and schools. HHS’s new rules will make sure that things like medical equipment are easy for people with disabilities to use and that medical decisions are fair. They also want this law to match up with other disability laws. HHS is serious about ending discrimination against people with disabilities. And while they’re making these changes, the current law will still be in place. However, even with these laws, some disabled people still face problems in healthcare and other services, especially during things like the COVID-19 pandemic. Challenges persist, including instances of care denial, limited accessibility, and a lack of alternatives beyond large institutional care. Enhancing these laws is essential to ensure that individuals with disabilities receive equitable treatment and opportunities.