Biden Administration Takes a Stand Against Discrimination in Health Care for People with Disabilities

The Biden administration recently introduced updated protections against discrimination in health care for people with disabilities. This final rule, known as RIN 0945-AA15, ensures that medical treatment decisions cannot be based on stereotypes or the belief that a disabled person is less valuable than someone without a disability. It also prohibits providers from using value assessment methods that place a lower value on individuals with disabilities when considering life extension.

The protections apply to government-funded programs and are designed to update existing regulations on disability protections. The rule includes new requirements to prevent discrimination in web and mobile accessibility, medical treatment, and other areas, while also clarifying obligations related to discrimination in child welfare services.

Health and Human Services Secretary Xavier Becerra stated that enforcement is a crucial element of the rule. While it’s important to have these protections in writing, the true impact will be seen in how they are put into practice.

The rule was partially motivated by the Covid-19 pandemic, which highlighted the dangers of discrimination in health care. According to the HHS, instances were cited where people with chronic illnesses and disabilities were denied resources due to discrimination by medical practitioners.

The HHS Office for Civil Rights (OCR) will be responsible for enforcing the rule. OCR Director Melanie Fontes Rainer explained that the office is partnering with local and trade organizations to educate the public about their rights under the rule. She emphasized the importance of ensuring that individuals understand and know their rights in order to effectively enforce them. Additionally, Fontes Rainer mentioned that OCR is working on a second part of the disability rule that will focus on services provided by HHS, highlighting their commitment to protecting the rights of individuals with disabilities in all aspects of health care and services.