Section 504 Compliance on Medical Diagnostic Equipment
Section 504 Compliance on Medical Diagnostic Equipment
On May 9, 2024, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published a final rule, Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance. The rule, which was effective July 8, 2024, updates, clarifies, and strengthens HHS’ implementing regulation for Section 504 of the Rehabilitation Act of 1973 (Section 504). Some of the implementation dates were staggered, including a requirement to have Americans with Disability Act (ADA) compliant Medical Diagnostic Equipment (MDE) available. You can read more on the overall rule here, but due to the upcoming compliance deadline, we’ve highlighted the MDE requirements below.
Section 504 prohibits discrimination against people with disabilities because the MDE used by a recipient in its programs or activities is not accessible to or usable by people with disabilities, including those in wheelchairs. This includes examination tables, examination chairs (such as chairs used for eye examinations or dental examinations), weight scales, mammography equipment, x-ray machines, and other radiological equipment commonly used for diagnostic purposes. In aging services, this likely only includes a weight scale, but some providers may have physician examination areas that include examination tables and chairs. This rule applies to all providers receiving Medicare and Medicaid funding.
Under Section 504, recipients must purchase, lease, or acquire accessible MDE until at least 10% of the total number of units (but no fewer than one unit) of each type in use is accessible. For medical providers specializing in treating conditions that affect mobility, at least 20% of the total number of units (but no fewer than one) of each type of MDE in use must meet the Standards for Accessible MDE. Additionally, by August 9, 2026, a recipient that uses examination tables and/or weight scales must purchase, lease, or acquire at least one examination table and/or weight scale that meet the Standards for Accessible MDE, unless the recipient already has them in place.
To identify if your current device meets ADA standards you can find more information here.