Equitable Health Care For Patients With Disabilities Legally Mandated

Leo Migdal

-Dec 5, 2025, 5:11 PM

equitable health care for patients with disabilities legally mandated

1Department of Rehabilitation Medicine, Grossman School of Medicine, New York University Langone, New York 2Institute for Excellence in Health Equity, Grossman School of Medicine, New York University Langone, New York Published: April 11, 2025. doi:10.1001/jamanetworkopen.2025.4737 Open Access: This is an open access article distributed under the terms of the CC-BY License. © 2025 Morris MA.

JAMA Network Open. Corresponding Author: Megan A. Morris, PhD, MPH, New York University Grossman School of Medicine, 240 E 38th St, 17th Floor, New York, NY 10016 ([email protected]). The US Department of Health and Human Services (HHS) and the US Department of Justice (DOJ) recently published new proposed rules that update and create various requirements under Section 504 of the Rehabilitation Act... In this article, McDermott’s Healthcare Group highlights some of the biggest changes. Furthering the Biden administration’s efforts to ensure comprehensive and equitable access to health services for individuals with disabilities, the DOJ’s Office of Civil Rights and HHS recently proposed significant updates to regulations under the...

HHS’s proposed rule under Section 504 aims to advance equity and bolster protections for people with disabilities in programs and activities that receive federal financial assistance or are conducted by a federal agency. Complementing HHS’s proposed rule, the DOJ’s Notice of Proposed Rulemaking (NPRM) under Title II of the ADA focuses on medical diagnostic equipment (MDE), establishing enforceable standards for state and local government entities providing healthcare... Together, these proposed rules represent a concerted effort by the Biden administration to further equity and accessibility in the healthcare space in a manner that will directly impact the provision of care. As we previously reported, on September 14, 2023, HHS issued a proposed rule that updates, clarifies and strengthens the implementing regulation for Section 504, which prohibits discrimination against otherwise qualified individuals on the basis... Specific to entities receiving money from HHS, federal financial assistance includes credits, subsidies, or contracts of insurance, including Medicare Part A, Medicare Part C and Medicare Part D; the Children’s Health Insurance Program; the... HHS’s proposed rule ensures that people with disabilities are not subjected to discrimination in any program or activity receiving funding from HHS, including the provision of healthcare services.

HHS observed that such discrimination may occur in medical treatment, value assessment methods, child welfare programs and activities, web and mobile accessibility, accessible medical equipment, and integration for individuals with disabilities. Impacted providers should remove any barriers causing inaccessibility based on an individual’s disability. HHS proposed that noncompliance will result in penalties that may include loss of federal funding; administrative remedies such as corrective action plans, monitoring, and reporting requirements; legal action from individuals subjected to discrimination; investigations... More than 5,000 comments were received by the time the comment period closed on November 13, 2023. No final rule has been published to date. Recent healthcare legislation has significantly influenced the lives of individuals with disabilities, presenting both advancements and challenges.

This article examines key legislative developments, their implications, and the ongoing efforts to ensure equitable healthcare access for the disability community. Affordable Care Act (ACA): A Foundation for Inclusion The ACA has been instrumental in enhancing healthcare access for people with disabilities. By prohibiting insurance discrimination based on pre-existing conditions, the ACA enabled many individuals with disabilities to obtain coverage previously denied to them. Additionally, the expansion of Medicaid under the ACA allowed states to provide coverage to non-disabled individuals with incomes below 133% of the federal poverty level, indirectly benefiting many with disabilities who fall into this... Special Needs Alliance

Preventive services mandated by the ACA, such as autism screenings for children at 18 and 24 months, have facilitated early diagnosis and intervention, leading to improved long-term outcomes. LinkedIn Medicaid: Proposed Cuts and Potential Impacts WASHINGTON, D.C. – Today, U.S. Senators Cory Booker (D-NJ) and Alex Padilla (D-CA) announced the Equal Health Care for All Act, bicameral legislation that would make equal access to medical care a protected civil right to help address the...

The Equal Health Care for All Act would establish a definition for inequitable health care to help ensure that hospitals provide the same high quality health care services to all patients, regardless of race,... Representative Adam Schiff (D-CA-30) introduced companion legislation in the House of Representatives. “Health care is a fundamental human right, and this legislation will help ensure that equal access to medical care is delivered free from discrimination,” said Senator Booker. “Communities of color bear the disproportionate burden of poor health outcomes due to unequal access to affordable, quality care. The Equal Health Care For All Act will create a health care landscape where everybody can receive dignified, equitable care regardless of race, ethnicity, sex, gender, disability, or age.” “For far too long, inequities in our health care system have led to disproportionately worse health outcomes for women and people of color,” said Senator Padilla.

“Congress has a duty to right the wrongs that have resulted in the lack of access to high quality health care for so many communities. The Equal Health Care for All Act will make this unequal care a form of prohibited discrimination, treating equitable health care as a civil right to provide all patients with the access to the... “Americans deserve top-of-the-line health care. Yet, communities of color often face unequal treatment in health services, leading to greater risks of severe illness and mortality,” said Representative Schiff. “That’s why I was proud to reintroduce the Equal Health Care for All Act, and to partner with Senator Padilla who is leading the charge in the Senate. Together we can make equal access to quality and affordable health care a reality for every American, ensuring the highest standard of medical care for everyone regardless of background.”

Disability rights in healthcare represent a critical aspect of both social justice and legal frameworks. Ensuring equitable access to medical services for individuals with disabilities not only adheres to ethical principles but also aligns with established healthcare laws. Historically, the journey toward securing these rights has been fraught with challenges and barriers. Understanding the evolution and current landscape of disability rights in healthcare is essential for addressing ongoing issues and promoting inclusivity within the healthcare system. Disability rights in healthcare refer to the protections and entitlements individuals with disabilities possess regarding access to medical services, treatment, and facilities. These rights are grounded in the principles of equality and non-discrimination, ensuring that all patients, irrespective of their physical or mental abilities, receive adequate healthcare.

Understanding disability rights in healthcare involves recognizing the legal frameworks that advocate for these rights. Key legislation, such as the Americans with Disabilities Act (ADA) and the Rehabilitation Act, establishes mandates for accessible healthcare environments and services, prohibiting discrimination against individuals with disabilities in healthcare settings. Moreover, the interpretation and enforcement of disability rights are vital for fostering a more inclusive healthcare system. This encompasses not just physical access to medical facilities but also the provision of appropriate accommodations and support during medical treatment. Effective implementation of these rights contributes significantly to improving health outcomes for individuals with disabilities.

Equitable Health Care For Patients With Disabilities Legally Mandated

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1Department Of Rehabilitation Medicine, Grossman School Of Medicine, New York

JAMA Network Open. Corresponding Author: Megan A. Morris, PhD, MPH,

HHS’s Proposed Rule Under Section 504 Aims To Advance Equity

HHS Observed That Such Discrimination May Occur In Medical Treatment,

This Article Examines Key Legislative Developments, Their Implications, And The