On Friday, July 26, United States Attorney General Merrick Garland signed a highly anticipated final rule updating standards and requirements under Title II of the Americans with Disabilities Act (“ADA”) to enhance access to medical diagnostic equipment (“MDE”) for people with disabilities. 

Accessible MDE, which includes equipment such as medical examination tables, weight scales, dental chairs, x-ray machines, and mammography machines, is critical for ensuring that people with disabilities have equal access to medical care. This final rule, signed on the 34th anniversary of the ADA, clarifies how public entities such as hospitals and healthcare clinics operated by state or local governments can fulfill their obligations to ensure accessibility under the ADA for people with disabilities. Although the final rule has not yet been published in the Federal Register, it is important for Academy members to be aware of this development and to begin preparations to come into compliance, if needed.

In May, the Department of Health and Human Services (“HHS”) finalized a landmark rule updating federal standards and requirements for accessible MDE under Section 504 of the Rehabilitation Act of 1973 (“Section 504”). Section 504 mandates that programs receiving federal funds, including Medicare and Medicaid, ensure equitable access to MDE for people with disabilities. With the signing of this final rule under Title II of the ADA, standards and requirements for accessible MDE are now firmly established in regulation at the local, state, and federal levels.

The final rule will soon be available for review on the Federal Register’s website at www.federalregister.gov.

A copy of the DOJ’s press release is available here: https://www.justice.gov/opa/pr/justice-department-publish-final-rule-improve-access-medical-care-people-disabilities

A fact sheet detailing information about the final rule will soon be available here:  https://www.ada.gov/