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September 7, 2023 – This month, a significant development in the fight against disability discrimination was announced during a press conference featuring HHS Secretary Xavier Becerra, OCR Director Melanie Fontes Rainer, and CEO and President of the American Association of People with Disabilities Maria Town. The event introduced a proposed rule by the HHS Office for Civil Rights that aims to update regulations pertaining to Section 504 of the Rehabilitation Act of 1973. This act is a cornerstone of civil rights legislation safeguarding disabled individuals from discrimination, covering a wide range of programs and activities that receive federal financial assistance.
Despite the Rehab Act’s passage in 1973, enforcement of its critical provisions under Section 504 faced significant challenges. Over nearly four years of advocacy, legal action, and protests, the initial regulations were signed into effect. These regulations opened doors to education, transportation, government services, and healthcare for people with disabilities. Nevertheless, many still face discrimination, as exemplified during the COVID-19 pandemic when individuals with disabilities were often marginalized in critical healthcare decisions.
The proposed update to the HHS Section 504 regulations addresses various areas, including discrimination in medical treatment, accessibility of medical equipment, web and mobile app accessibility, child welfare programs, community integration, and value assessment methods. These changes seek to align with newer ADA regulations and enhance protections against disability discrimination. The public is encouraged to provide input during the 60-day comment period, and this proposed rule represents a significant step in the ongoing battle for a more equitable world for everyone, regardless of disability.
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