On November 13, 2023, Disability Rights Florida joined national, state, and local partners in commenting on the proposed rule, Discrimination on the Basis of Disability in Health and Human Service Programs or Activities.
This long-awaited proposed rule updates, clarifies, and strengthens the implementing regulation for Section 504 of the Rehabilitation Act of 1973 (Section 504), the statute that prohibits discrimination against otherwise qualified individuals on the basis of disability in programs and activities that receive Federal financial assistance or are conducted by a Federal agency.
Our comments address questions regarding continued discrimination in medical treatment, value assessment methods, child welfare programs and activities, website and mobile applications accessibility, telemedicine portal access with assistive technology, accessible medical equipment, and integration. These comments also address supported decision-making, obligations during public health emergencies; raise concerns regarding the use of algorithms and its biased application, the need for greater clarity in the discussion of service animals and the construction of the phrase “solely by reason of his or her disability” among other issues.
As noted in the proposed rule, disabled individuals were harmed and killed during the initial COVID emergency when crisis standards of care were applied. People with disabilities, especially and including those who are multiply marginalized, lost access to necessary medical equipment such as ventilators and did not receive the care they needed. Discrimination in access to care continues with the on-going use of methodologies to assess treatment cost-effectiveness that systematically devalue the lives of people with disabilities.
The proposed updated rules are necessary to ensure disabled peoples’ lives are not valued less than others; that people with disabilities live in the most integrated setting; that children, parents, caregivers, foster parents, and prospective parents with disabilities do not face discrimination in a range of settings; and that websites, kiosks, mobile apps, and medical equipment are accessible to all patients.