Recommendations on Standards for the Design of Medical Diagnostic Equipment for Adults with Disabilities, Advisory Committee Final Report

2.7 Existing ADA and Rehabilitation Act Requirements for Accessible Medical Care

The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act are civil rights laws that prohibit discrimination on the basis of disability. Title II of the ADA (42 U.S.C. 12131 to 12165) applies to state and local governments, and Title III of the ADA (42 U.S.C. 12189 to 12189) applies to private entities that are public accommodations such as health care providers. Section 504 of the Rehabilitation Act (29 U.S.C. 794) applies to recipients of federal financial assistance, such as Medicare, Medicaid, and other federal programs. ADA and Section 504 of the Rehabilitation Act require health care practitioners and delivery systems to provide individuals with disabilities full and equal access to their health care services and facilities. DOJ has entered into settlement agreements with health care providers to enforce these requirements. The settlement agreements require the health care providers to acquire accessible medical equipment.

In July 2010, DOJ and the Department of Health and Human Services issued a guidance document for health care providers regarding their responsibilities to make their services and facilities accessible to individuals with mobility disabilities under the ADA and Section 504 of the Rehabilitation Act (see Access to Medical Care for Individuals with Mobility Disabilities available at: http://www.ada.gov/medcare_ta.htm). The guidance document includes information on accessible examination rooms and the clear floor space needed adjacent to medical equipment for individuals who use mobility devices to approach the equipment for transfer; accessible medical equipment (e.g., examination tables and chairs, mammography equipment, weight scales); patient lifts and other methods for transferring individuals from their mobility devices to medical equipment; and training health care personnel. In July 2010, DOJ also issued an advance notice of proposed rulemaking (ANPRM) announcing that, because of the obligation that has always existed under the ADA for covered entities to provide accessible equipment and furniture, DOJ was considering amending its regulations implementing Titles II and III of the ADA to include specific standards for the design and use of accessible equipment and furniture that is not fixed or built into a facility. These changes would ensure that programs and services provided by state and local governments and by public accommodations are accessible to individuals with disabilities (see 75 FR 43452, July 26, 2010).