The U.S. Department of Health and Human Services (HHS) proposed an update to its Section 504 rule on Sept. 7, 2023, adding new protections against disability discrimination in health care and human services, according to the proposal published in the Federal Register on Sept. 14. Section 504 of the Rehabilitation Act bars discrimination by programs that receive federal money.
What HHS proposed
According to the Federal Register notice, the proposal included new requirements on:
- discrimination in medical treatment decisions
- the use of value assessment methods that could devalue the lives of people with disabilities
- accessibility of websites, mobile apps and kiosks
- accessible medical equipment
- child welfare services
It also clarified the obligation to provide services in the most integrated setting appropriate to a person's needs, and updated the definition of disability. Comments were due Nov. 13, 2023.
Why this mattered for providers and DSPs
The most integrated setting language builds on the Supreme Court's Olmstead decision, which underpins Medicaid home and community-based services. For DSPs who go with people to medical appointments, rules on accessible exam equipment and treatment decisions affected everyday care. HHS finalized the rule in May 2024, and a group of 17 states sued over it that September.