HHS Section 504 Final Rule: New Antidiscrimination Measures in Healthcare Treatment and Accessibility
Covered Entities, Technology Access, Medical Equipment, Treatment and Valuation Assessments, Recordkeeping, and More
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Health
- event Date
Wednesday, January 8, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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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.
Mr. Baker is a strategic partner and trusted advisor to managed care organizations, health insurance issuers, plan sponsors, and pharmacy benefit managers because he helps them navigate an increasingly complex and challenging body of federal and state laws and policy considerations. His practice spans federal healthcare programs, such as Medicaid Managed Care and Medicare Advantage, and commercial health insurance under both the Affordable Care Act and ERISA, from legislation and rulemaking through implementation and controversy.
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Ms. Carey's practice spans the health care landscape, with a particular focus on regulatory compliance, reimbursement and related health care issues. She provides clients with practical and value-additive counsel, leveraging her extensive legal experience and background working at managed-care organizations to offer key insights into developing best reimbursement practices. She regularly works with various health care providers, from independent practitioners and start-ups to large health systems, long-term care providers, and substance abuse treatment and behavioral health providers. Ms. Carey's practice extends to drafting policies and procedures for health systems and academic medical centers, including different state life-sustaining treatment and graduate medical education policies. She is regularly called upon to address health system issues requiring a deep technical knowledge of health care programs, such as COVID and telemedicine flexibilities, CMS waiver appeals and adding new service lines to comply with enrollment regulations.
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.
- Introduction
- Section 504
- History of the final rule
- The final rule
- Purpose
- Covered entities
- Amended definition of disability
- Prohibited types of discrimination
- Value assessment measures and medical treatment
- Technology standards
- Accessible medical equipment
- Exceptions, exemptions, and reasonable modifications
- Recordkeeping requirements
- Other
- Enforcement
- Interaction with ACA Section 1557 and ADA
- Compliance timeline
- Practitioner takeaways
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?
