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Course Details

This CLE webinar will provide a comprehensive overview of the U.S. Department of Health and Human Services Office for Civil Rights' (HHS-OCR) recently enacted final rule with key revisions to the regulations implementing Section 504 of the Rehabilitation Act of 1973 (Section 504). The panel will discuss the final rule's requirements, how these may interact with other antidiscrimination statutes, and the impact these may have on covered entities' operations. The panel will also discuss enforcement measures and best practices for compliance.

Faculty

Description

For the first time in nearly 50 years, HHS-OCR recently finalized revisions to the regulations implementing Section 504 advancing broad protections for individuals with disabilities when seeking healthcare treatment and updating language to be read consistently with other antidiscrimination statutory provisions such as those under the ADA. Effective July 8, 2024, the final rule broadly applies to all recipients of federal financial assistance from HHS including hospitals, healthcare providers, and social service agencies, among others.

Key provisions of the final rule include: (1) standards for all newly purchased, leased, or otherwise acquired medical diagnostic equipment; (2) ensuring accessibility to technology methods used to deliver healthcare; and (3) prohibiting value assessment measures and/or medical treatment decisions based on stereotypes or preconceived notions about individuals with disabilities. The rule also contains notable exceptions and exemptions.

Given the final rule's potential impact on covered entities' operations, counsel should understand the final rule's requirements, including possible interaction with ACA Section 1557 and the ADA, to assist their clients with compliance obligations.

Listen as our expert panel provides a comprehensive overview of HHS-OCR's final rule revising Section 504 regulations. The panel will address the impact on covered entities and best practices for assisting clients to prepare for compliance.

Outline

  1. Introduction
    1. Section 504
    2. History of the final rule
  2. The final rule
    1. Purpose
    2. Covered entities
    3. Amended definition of disability
    4. Prohibited types of discrimination
    5. Value assessment measures and medical treatment
    6. Technology standards
    7. Accessible medical equipment
    8. Exceptions, exemptions, and reasonable modifications
    9. Recordkeeping requirements
    10. Other
  3. Enforcement
  4. Interaction with ACA Section 1557 and ADA
  5. Compliance timeline
  6. Practitioner takeaways

Benefits

The panel will review these and other important considerations:

  • Who are covered entities under the final rule?
  • What are the final rule's requirements related to accessibility to technology used by covered entities?
  • How may the final rule impact value assessment and medical treatment of covered individuals with disabilities?
  • What are key exemptions/exceptions to the final rule?
  • How will the agency enforce the rule, and what are possible penalties for noncompliance?