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DOJ Finalizes Rule on Accessible Medical Diagnostic Equipment
Aug. 13, 2024
The U.S. Department of Justice (DOJ) published a final rule Aug. 9, updating the regulation for Title II of the Americans with Disabilities Act (ADA) with accessible Medical Diagnostic Equipment (MDE) requirements for state and local entities, including public hospitals and public college/university health systems. DOJ also released a fact sheet to educate stakeholders about the rule.
The rule makes enforceable MDE accessibility standards previously established by the U.S. Access Board (or Architectural and Transportation Barriers Compliance Board). These standards apply to a wide range of equipment, such as weight scales, examination tables, dental chairs, and medical imaging equipment, and contain various technical requirements for when the patient is lying down, sitting, sitting in a wheelchair or standing during use. DOJ requires that at least 10% of the entity’s MDE units of each type (but no fewer than a single unit) meet the Access Board’s MDE standards—20% for mobility rehabilitation facilities. There are additional new acquisition requirements for certain types of MDE.
Importantly, DOJ’s rule does not obligate changes that would be a fundamental alteration or cause undue financial and administrative burdens. It likewise did not implement the Access Board’s 2024 reductions to low transfer heights in the MDE standards, as these revisions were still in process during the DOJ rulemaking.
The American College of Radiology® (ACR®) provided comments on those revisions.
For questions about the rule, contact Michael Peters, ACR Senior Director, Government Affairs.
The rule makes enforceable MDE accessibility standards previously established by the U.S. Access Board (or Architectural and Transportation Barriers Compliance Board). These standards apply to a wide range of equipment, such as weight scales, examination tables, dental chairs, and medical imaging equipment, and contain various technical requirements for when the patient is lying down, sitting, sitting in a wheelchair or standing during use. DOJ requires that at least 10% of the entity’s MDE units of each type (but no fewer than a single unit) meet the Access Board’s MDE standards—20% for mobility rehabilitation facilities. There are additional new acquisition requirements for certain types of MDE.
Importantly, DOJ’s rule does not obligate changes that would be a fundamental alteration or cause undue financial and administrative burdens. It likewise did not implement the Access Board’s 2024 reductions to low transfer heights in the MDE standards, as these revisions were still in process during the DOJ rulemaking.
The American College of Radiology® (ACR®) provided comments on those revisions.
For questions about the rule, contact Michael Peters, ACR Senior Director, Government Affairs.
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