On Tuesday, the Justice Department sent a notice of a proposed rule to improve access to medical care made for people with disabilities.
The notice went to the Federal Register for publication under Title II of the Americans with Disabilities Act (ADA). Specifically, the rule would expand access to medical diagnostic equipment (MDE) for people with disabilities so more have it. The equipment would include medical gear including weight scales, medical examination tables, dental chairs, X-ray machines and mammography equipment.
People with disabilities need accessible equipment so they have access to medical care. The rule would adopt technical standards to clarify how public entities that use MDE, such as hospitals and health care clinics operated by state or local governments, can meet their requirements under the ADA.
The move comes as a result of the department receiving complaints from individuals with disabilities. The complaints allege that healthcare providers have not provided them with basic, vital healthcare because of the lack of accessible equipment. For instance, complaints include people not getting accurate weight measurements before surgery requiring anesthesia — something important to ensure the dosing is correct.
“Individuals with disabilities often experience great difficulty obtaining routine or preventative medical care because of inaccessible medical diagnostic equipment. From examination tables to weight scales to mammography equipment, accessible MDE is critical to ensuring equal access to medical care,” Kristen Clarke, assistant attorney general of the Justice Department’s Civil Rights Division, said in a statement. “This groundbreaking rule marks a significant milestone in the Justice Department’s efforts to remove barriers that people with disabilities face when accessing medical care.”
The department is seeking feedback from the public and input from stakeholders on the proposal. It will be published for people to review at www.federalregister.gov. A fact sheet with information on the proposed rule will soon be available on www.ada.gov. Once the rule is published, the public will have 30 days to give comments and submit them.
