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Justice Department Rule To Improve Medical Care Access For Disabled People Is Finalized

The Department of Justice finalized a rule on Friday that will significantly improve medical care access for disabled people in the U.S.

The new rule will set specific technical standards for accessible medical diagnostic equipment (MDE) ― such as weight scales, examination tables, dental chairs and radiology devices ― at all health care services that state and local governments offer.

It also calls for there to be at least one accessible examination table and weight scale at all state and local medical facilities by Aug. 9, 2026, as well as for these spaces to have staff qualified to operate the diagnostic equipment.

In two months, by Oct. 8, all new diagnostic equipment acquired by state and local governments for their health care services must be accessible until they have the amount of equipment required by the rule.

Under Title II of the Americans With Disabilities Act, places of public accommodation, including medical offices, are prohibited from discriminating against anyone on the basis of disability. The federal law grants equal opportunity for disabled people to access the sites and services at these facilities.

Despite this federal requirement, access to diagnostic equipment remains lackluster, with the Justice Department receiving many complaints from disabled people about health care professionals not providing them with basic, vital health care because of a lack of accessible MDE.

Data shows that disabled women have a higher risk of dying of cervical cancer and late-stage breast cancer but are less likely than non-disabled women to receive diagnostic tests for these conditions because of a lack of accessible equipment. The need for the equipment has become even more pressing as 17.4% of Americans have developed long COVID, causing millions to struggle with daily activities.

The Justice Department rule comes a few months after Rep. Ayanna Pressley (D-Mass.) pushed for the DOJ to finalize pending improvements to medical care access for disabled Americans.

“The status quo has failed the disability community“and subjected our disabled neighbors to daily injustices, including in health care spaces,” Pressley told HuffPost in a statement in April. “Improving access to medical diagnostic equipment for people with disabilities is a step in the right direction towards achieving accessibility standards that are long overdue. Our systems are fundamentally flawed and will not change until we recognize that disability rights are human rights. I look forward to partnering with the Biden-Harris Administration to see this to the finish line.”

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August 2024
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