The Department of Health and Human Services (DHHS) plays a critical role in ensuring that all individuals have access to necessary healthcare and social services, regardless of their disabilities. One of the key regulations that governs this commitment is Section 504 of the Rehabilitation Act of 1973. Recently, DHHS has introduced a new rule regarding Section 504, which has significant implications for covered organizations, recipients, and the disability community at large.

Section 504: A Brief Overview

Section 504 of the Rehabilitation Act of 1973 is a federal law that prohibits discrimination on the basis of disability in programs or activities that receive federal financial assistance. This law applies to a wide range of organizations, including healthcare providers, educational institutions, state and local governments, and more. Under Section 504, individuals with disabilities are entitled to equal access to services and programs, and reasonable accommodations must be provided to ensure this access.

The New Rule

The DHHS's new rule aims to clarify and strengthen the provisions of Section 504, ensuring that covered organizations provide equal access to individuals with disabilities. While the specifics of the new rule may evolve over time, some key aspects include:

Definition of Discrimination: The rule provides a more comprehensive definition of discrimination against individuals with disabilities. It emphasizes that discrimination encompasses not just overt acts, but also the failure to make reasonable accommodations.

Clear Communication: The rule emphasizes the importance of clear and effective communication with individuals who have disabilities. This includes the provision of auxiliary aids and services, such as sign language interpreters or written materials in accessible formats, as necessary.

Program Accessibility: Covered organizations – like higher education institutions – must ensure their facilities and services are accessible to individuals with disabilities. This may involve physical modifications, technological adaptations, or alternative service delivery methods.

Anti-Retaliation Provisions: The new rule reinforces the protection against retaliation for individuals who assert their rights under Section 504. It is important to ensure individuals with disabilities feel safe in advocating for their needs.