Medicare Compliance & Reimbursement

The Department of Health and Human Services (HHS) looks to fortify section 504 of the Rehabilitation Act of 1973 with new proposals that prohibit discrimination in healthcare against people living with disabilities.

The HHS Office for Civil Rights (OCR) has issued a proposed rule, Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance, which “prohibits discrimination on the basis of disability,” HHS says in a release.

Among its provisions, the rule “clarifies obligations to provide services in the most integrated setting appropriate to the needs of individuals with disabilities,” HHS notes. “The COVID-19 pandemic shone a spotlight on the discrimination that too many people with disabilities continue to face” including “having no choice but to receive services in institutional settings,” Alison Barkoff, who leads the Administration for Community Living, says in the HHS release.

“It’s 2023, yet for many Americans accessing basic health needs is still challenging,” says HHS Secretary Xavier Becerra in the release. “This historic proposed rule will advance justice for people with disabilities and help ensure they are not subjected to discrimination under any program or activity receiving funding from HHS just because they have a disability.”

With the proposals, HHS-OCR aims to better align existing regulations like the Americans with Disabilities Act, the Americans with Disabilities Amendments Act, and amendments to the Rehabilitation Act while also addressing discrepancies among the laws.

The 121-page rule published in the Sept. 14 Federal Register is at www.govinfo.gov/content/pkg/FR-2023-09-14/pdf/2023- 19149.pdf. Comments are due Nov. 13.