The U.S. Department of Health and Human Services (HHS) has updated its regulations prohibiting discrimination on the basis of disability to clarify its obligations in several important areas. Specifically, the regulations:
Ensures that medical treatment decisions are not based on negative prejudices or stereotypes about people with disabilities, the judgment that people with disabilities are a burden to others, or the dehumanizing belief that the lives of people with disabilities are less valuable than the lives of people without disabilities. Prohibits the use of any measure, assessment, or tool that diminishes the value of life on the basis of disability to deny, limit, or otherwise condition access to aid, benefits, or services. Defines what is meant by accessibility for websites and mobile applications and prescribes specific technical standards to ensure that medical and humanitarian service activities provided through these platforms are readily accessible and usable by people with disabilities. Adopts the National Access Board’s standards for accessible medical diagnostic equipment, such as examination tables and mammography machines. Detailing requirements to ensure non-discrimination in services provided by HHS-funded child welfare agencies, including, but not limited to, reasonable efforts to prevent foster care placements, parent-child visits, reunification services, child placements, parenting skills programs, and in-home and out-of-home services. Clarifies the obligation to provide services in the most integrated setting appropriate to the needs of individuals with disabilities, such as receiving services in their own home.
Additionally, the final rule updates existing requirements to align with the Americans with Disabilities Act (ADA), because many HHS beneficiaries are also covered by the ADA. This alignment will improve and simplify compliance.
Read the full press release here. If you have any questions, please contact Fady Sahhar:
Fady is responsible for policy and regulatory matters related to disability and aging, focusing primarily on personal assistance, employment services, and service coordination. His work focuses on working with the Department of Long Term Living and Community Health Choice managed care organizations, care coordination with Behavioral Health Choice MCOs, and collaboration with other advocacy groups and provider associations. Fady is President/CEO of ProVantaCare, an RCPA affiliate focused on contracting with MCOs, and President of XtraGlobex, a consulting firm focused on value-based payment contracting. He has extensive experience in supporting and managing disability and aging human resource service providers through his roles at Liberty Resources, Inc. and through his service with numerous nonprofit service providers. He holds an MBA in Marketing from the University of Tennessee and a PhD in Organizational Leadership from Capella University.