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Fact Sheet: New Rule on the Accessibility of Medical Diagnostic Equipment Used by State and Local Governments
On August 9, 2024, the Federal Register published the Department of Justice’s (Department) final rule updating the regulation for Title II of the Americans with Disabilities Act (ADA). The final rule has specific requirements about accessible medical diagnostic equipment (MDE).
Purpose of this fact sheet: This fact sheet gives a summary of the rule. It provides introductory information about the rule, particularly for people who may not have a legal background.
What is medical diagnostic equipment?
Medical diagnostic equipment (MDE) is equipment used in, or in conjunction with,
medical settings by health care providers for diagnostic purposes. Examples of MDE
include:
examination tables
examination chairs (including chairs used for eye examinations or procedures, and dental examinations or procedures)
weight scales
mammography equipment
x-ray machines
What is a rule?
A regulation, also called a “rule,” is a set of requirements issued by a federal agency to
implement laws passed by Congress. When Congress passed the ADA, it gave the
Department the authority to make regulations that explain the rights and requirements
of Titles II and III of the ADA.
How did the Department make this rule?
The Department made this rule using a process sometimes called “notice and comment
rulemaking.” As part of this process, the Department published a Notice of Proposed
Rulemaking (NPRM). The NPRM was basically a first draft of the regulation. It let the
public know about the requirements the Department was considering and gave an
opportunity for feedback.
The Department got feedback from the public on the NPRM. Based on that feedback, the Department made changes to certain parts of the rule. A description of the feedback the Department got and how it updated the rule is available in the appendix to the rule.
What is Title II of the Americans with Disabilities Act (ADA)?
Title II of the ADA requires state and local governments to make sure that their services, programs, and activities are accessible to people with disabilities. Title II applies to all services, programs, or activities of state and local governments. These include health
care services, programs, and activities that state and local government entities offer
through or with the use of MDE. Title II uses the term “public entities” to describe who it
applies to, but in this fact sheet, we call these “state and local government entities.”
Who has to follow the requirements in this rule?
Like the rest of Title II, the rule applies to all state and local governments (which includes
any agencies or departments of state or local governments) as well as special purpose
districts, special district governments, and other instrumentalities of state or local
government.
Examples of state and local government entities include:
Public hospitals
Public health care clinics
Public colleges’ and universities’ health care systems
State and local government entities that contract with other entities to provide public
services also have to make sure that their contractors follow Title II. For example, if a
state agency has a non-profit organization run a health clinic on behalf of the agency, the
agency needs to make sure that the non-profit organization follows Title II.
For more information about the responsibilities of state and local governments under
Title II, visit our State and Local Governments page.
Reasons for the Rule
People with disabilities continue to face barriers to getting medical care because of inaccessible
MDE. Barriers can include exam tables with heights that cannot be adjusted, mammography
machines that require a person to stand, or weight scales that do not accommodate
wheelchairs. These barriers result in inequities and exclusion from basic health services for
individuals with disabilities, contributing to poor health outcomes. This rule establishes enforceable standards for accessible MDE, which is a significant step toward addressing health
disparities experienced by people with disabilities.
You can find more information about why the Department of Justice made this rule in the section
of the rule called “Need for the Adoption of MDE Standards.”
Highlights of this Rule’s Requirements
The rule’s requirements are highlighted below. The full rule explains these requirements in
more detail.
Requirement: The Department is adopting the U.S. Access Board’s MDE Standards as the technical standard for state and local governments’ accessible MDE.
A technical standard says specifically what is required for something to be accessible. For example, the existing ADA Standards for Accessible Design are technical standards that say what is needed for a building to be physically accessible under the ADA, like how wide a door has to be or how steep a ramp can be.
In 2017, the U.S. Access Board issued technical standards on the accessibility of MDE
in physicians’ offices, clinics, emergency rooms, hospitals, and other medical settings.
We call these the “MDE Standards.”
This rule adopts the MDE Standards and makes them enforceable under the ADA by
incorporating them into the Department’s ADA Title II regulation.
Requirement: State and local government entities’ newly acquired MDE must meet the MDE Standards.
The rule generally requires all MDE that state and local government entities purchase,
lease, or otherwise acquire after October 8, 2024 to be accessible, until the
entities have the amount of accessible MDE specified in the rule.
State and local government entities may choose to acquire additional accessible MDE
as long as they have the amount specified in the rule.
Requirement: State and local government entities that use examination tables and weight scales must have at least one accessible examination table and weight scale by August 9, 2026.
By August 9, 2026, any state or local government entity that uses an examination table
must purchase, lease, or otherwise acquire at least one examination table that meets the
MDE Standards, unless the entity already has one.
By August 9, 2026, any state or local government entity that uses a weight scale must
purchase, lease, or otherwise acquire at least one weight scale that meets the MDE
Standards, unless the entity already has one.
Requirement: State and local government entities must meet certain requirements for their existing MDE.
State and local government entities must also address barriers caused by a lack of
existing accessible MDE. Examples of access barriers could include exam tables that
are not height adjustable or weight scales that do not accommodate wheelchairs.
State and local government entities do not necessarily have to make all of their existing
MDE accessible.
The rule requires state and local government entities to operate each service, program,
or activity offered through or with the use of MDE so that the service, program, or activity
as a whole is readily accessible to and usable by individuals with disabilities. This
approach is similar to the program accessibility requirements in the Department of
Justice’s existing regulation implementing Title II of the ADA.
State and local government entities can meet this requirement in many ways. For
example, they can provide services at another location, through home visits, or by
acquiring accessible MDE.
Requirement: State and local government entities must ensure that their services, programs, and activities that use MDE are accessible to individuals with disabilities.
State and local government entities cannot deny health care services to a patient with a
disability that they would otherwise provide because they lack accessible MDE.
State and local government entities cannot require a patient with a disability to bring
someone along with them to help if patients without disabilities are not required to do the
same.
Requirement: State and local government entities must have qualified staff who can operate accessible MDE.
The rule requires state and local government entities to ensure that their staff can
successfully operate accessible MDE, assist with transfers and positioning of individuals
with disabilities, and carry out the rule’s requirements for existing MDE.
At all times when services are provided to the public, state and local government entities
are expected to have staff who can operate accessible MDE.
Often, the most effective way for state and local government entities to ensure that their
staff can successfully operate accessible MDE is to provide staff training on the use of
accessible MDE.
Do state and local government entities always have to comply with the MDE Standards?
Under the current ADA rules, state and local government entities do not need to make
changes that would be a fundamental alteration or cause undue financial and
administrative burdens. They still do not need to do that under this rule.
Can state or local governments follow a higher standard?
The rule allows state and local government entities to use different designs, products, or
technologies as alternatives, as long as the state or local government can prove that the
alternatives provide the same or more accessibility and usability as the MDE Standards.
How Long State and Local Government Entities Have to Comply with the Rule
Beginning on October 8, 2024, all MDE that state and local government
entities purchase, lease, or otherwise acquire must be accessible, until the entities have the
amount of accessible MDE that the rule requires.
By August 9, 2026, state and local government entities that use
examination tables must have at least one examination table that meets the MDE
Standards.
By August 9, 2026, state and local government entities that use
weight scales must have at least one weight scale that meets the MDE Standards.
ADA Information and Resources
If you have questions about this rule or the ADA, you can call the Department’s ADA Information
Line.
Another source of information is the ADA National Network. The National Network includes ten regional centers that provide ADA technical assistance to businesses, state and local
governments, and individuals with disabilities. One toll-free number connects you to the center
in your region: 800-949-4232 (Voice and TTY).
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