New HHS Rule Strengthens Prohibitions Against Discrimination Based on a Disability in Health Care and Human Services Programs

Regulations; Long Term Care; Health Information Technology; Medicare
 
Published:May 20, 2024

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and the Centers for Medicare and Medicaid Services (CMS) recently issued a final rule, Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance. The rule, which will take effect July 8, 2024, covers much of the same ground as the final rule, Nondiscrimination in Health Programs and Activities, that was also recently announced by HHS/OCR (Section 1557 Rule). This rule focuses specifically on protecting the civil rights of individuals with disabilities under section 504 of the Rehabilitation Act of 1973.  

This rule applies to federally funded health programs and services, meaning nursing homes and ID/DD providers are subject to this final rule. Assisted living facilities could be subject to the rule if they receive federal financial assistance (e.g., through a Medicaid waiver program). 

AHCA has developed a member summary of the final rule. Please note a log in is required to view the summary. Please email regulatory@ahca.org with any questions.