In 1977, when I was 12 years post-SCI and finishing my graduate degree, the concept of civil rights for people with disabilities was nothing more than a wish. There was no such thing as wheelchair accessibility. Disability discrimination was the norm. Then advocates across the nation occupied federal buildings in 10 major cities. More than 100 protesters slept in corridors and sleeping bags in the Department of Health, Education and Welfare offices in San Francisco for nearly a month, forcing HEW Secretary Joseph Califano to finally issue regulations for Section 504 of the Rehabilitation Act of 1973. It was truly a pivotal moment in the history of disability rights.

Now a new rule upgrading and amending the Rehabilitation Act is proposed by the Office for Civil Rights, Department of Health and Human Services. It has been made available for public comments until Nov. 13. More than a single rule, it’s rather a comprehensive, sweeping update to the regulations that govern accessibility standards in our country.

The proposed rule covers a lot of different areas, but here are a few that are most relevant to our community:

• Accessible Medical Equipment: Establishes enforceable standards for medical diagnostic equipment like exam tables and scales, and requires that within two years of the rule’s effective date, medical facilities offer at least one accessible exam table and one accessible weight scale.
• Medical Treatment: Makes it illegal for doctors and other medical providers to base treatment decisions on biases or stereotypes about people with disabilities.
• Value Assessment: Prevents discrimination based on value assessment methods that judge people with disabilities as having lower value in life than nondisabled people and that can be used to deny aid, benefits and services.
• Web and Mobile Accessibility: Sets accessibility standards for web and mobile applications.
• Community Integration: Clarifies how programs and services must be provided in the most integrated setting possible for people with disabilities.

Just a few months ago, I wrote a story detailing how the medical system is failing people with disabilities. These new regulations could provide a critical framework for forcing medical providers to provide more accessible, equitable healthcare. That’s why it’s so important that you take the time to comment. Share your personal experiences as a wheelchair user and how lack of accessibility affects your medical care. It is critically important to support eliminating medical disparities that have complicated and shortened our lives and blocked us from having equal health care for the past 50 years … and into the future.

To make a comment, go to HHS Section 504 regulations. Click the green button on the top-right, labeled “Submit a Formal Comment.”

The more specific we can be, the better. Below, I explain a section (Subpart J) of the new rule that covers medical diagnostic equipment. HHS is seeking comments and answers from our community on a range of topics including those listed above and including specific questions related to how accessible medical equipment should be regulated for diagnostic, treatment and other purposes. Please take the time to read below and share your answers on the topic of medical diagnostic equipment.

Accessible Medical Equipment

Subpart J of the proposed rule covers accessibility requirements on medical diagnostic equipment and medical equipment used for other purposes. MDE includes examination tables and chairs used for eye and dental exams and procedures; weight scales; and mammography, x-ray and other radiology equipment. One of the key considerations is called scoping. Scoping refers to the amount of accessible medical diagnostic equipment to be required and where it should be placed.

Questions for comments:

• MDE Question 1: Current regulations require that 10% of patient/resident sleeping rooms and parking spots must be accessible if a medical facility does not specialize in treating mobility conditions. Smaller facilities must have at least one accessible room and parking spot. Should these same scoping requirements be applied to medical diagnostic equipment, or should MDE accessibility be considered separately?

• MDE Question 2: Should different scoping accessibility requirements apply to different types of MDE, and if so, which types?

• MDE Question 3: Does the HHS’s suggested requirement — 20% for rehabilitation facilities or other programs or activities that specialize in treating conditions that affect mobility — meet the needs of people with disabilities?

• MDE Question 5: Does the proposed approach to dispersion of accessible MDE — that it must be proportionately located across departments, clinics or specialties — meet the needs of individuals with disabilities, including the need to receive different types of specialized medical care?

• MDE Question 6: Should additional requirements be added to ensure minimal dispersion of accessible MDE, such as at least one accessible exam table and scale in each department, clinic or specialty; or requiring each department, clinic and specialty to have a certain percentage of accessible MDE?

• MDE Question 7: To what extent should different kinds of accessible MDE be moved or otherwise shared between clinics or departments? Which kinds should be included?

Will the proposed approach to dispersion impose increased wait-times if accessible MDE needs to be located and moved? Will this cause embarrassment, frustration, or worse treatment if a patient must go to a different part of a hospital or clinic to use accessible MDE?

• MDE Question 8: What potential impact will be imposed on people with disabilities if providers are allowed to lease accessible MDE to meet requirements?

Time Needed To Implement New Rule

• MDE Question 9: Is two years an appropriate amount of time to comply with minimal accessible MDE requirements? If not, what amount of time is appropriate? Author’s note: After 50 years of waiting, should we have to wait two more years for providers to do the minimum?

Accessible Medical Equipment for Treatment and Other Purposes

This category includes tables and chairs for oncology, obstetrics, physical therapy, rehabilitation, lifts, infusion pumps, dialysis chairs, other specialized tables or chairs; general exercise and rehab equipment and other equipment needed for the safety and comfort of patients; and rules for training qualified staff in maintaining and operating equipment.

• MDE Question 14: If the proposed MDE rule were to apply to this nondiagnostic category, should the U.S. Access Board’s technical standards for MDE be applied to nondiagnostic medical equipment as well? In what situations should those standards apply? Which particular types of nondiagnostic medical equipment should or should not be covered?

If you need more detailed information to help you with your comments, click on the three lines at the top of the vertical menu on the left of the published document. This gives you a scrollable, clickable outline to guide you to each part of the document. Start by clicking on “Subpart J Accessible Medical Equipment, Background.” From there, scroll down to paragraph 84.91 and read/scan from paragraphs 84.91 through 84.94. The language is dense, but don’t be put off.

Together, we can strengthen our medical civil rights!