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ACA Now

4203 - Removing Barriers and Improving Access to Wellness for Individuals with Disabilities

 
Implementation Status 
Statutory Text 

Summary

Directs the Architectural and Transportation Barriers Compliance Board (“Access Board”) to draft regulations regarding technical criteria for medical diagnostic equipment for individuals with accessibility needs.  Due March 23, 2012. Directs the Access Board and FDA to periodically review, and when appropriate, amend such standards.

#Health Equity, #Wellness

Implementation Status

 
Summary 
Statutory Text 

2012

The Access Board continues to hold meetings to develop access standards pursuant to this provision. On February 8 2012, the Board released draft standards for public comment.  Per the Access Board’s website, where more information may be obtained on the Access Board’s ongoing efforts, an Advisory Committee was chartered to assist in the review of the comments received under this proposal.

2013

On March 12, 2013, the Access Board elected Michael K. Yudin and Sachin Dev Pavithran as chair and vice-chair, respectively; details here. Additionally, on March 24, President Obama appointed new members to the Access Board.

On April 23, 2013, the Architectural and Transportation Barriers Compliance Board announced a meeting of its  Medical Diagnostic Equipment Accessibility Standards Advisory Committee to be convened on May 7-8.  A preliminary agenda and further details are available here.

In December 2013, the Medical Diagnostic Equipment Accessibility Standards Advisory Committee of the US Access Board issued a report on standards for the design of medical diagnostic equipment (MDE) for adults with disabilities.

2014

The Access Board will convene a webinar on March 6, 2014 to provide an opportunity for Q&A on medical diagnostic equipment and other issues. Details here.

On April 4, 2014 President Obama reappointed Karen L. Braitmayer to the U.S. Access Board; details here. The U.S. Access Board meets on May 15; details here.

Statutory Text

 
Implementation Status 
Summary 

SEC. 4203. REMOVING BARRIERS AND IMPROVING ACCESS TO WELLNESS FOR INDIVIDUALS WITH DISABILITIES.

Title V of the Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.) is amended by adding at the end of the following: ‘‘SEC. 510 ø29 U.S.C. 794f¿. ESTABLISHMENT OF STANDARDS FOR ACCESSIBLE MEDICAL DIAGNOSTIC EQUIPMENT. ‘‘(a) STANDARDS.—Not later than 24 months after the date of enactment of the Affordable Health Choices Act, the Architectural and Transportation Barriers Compliance Board shall, in consultation with the Commissioner of the Food and Drug Administration, promulgate regulatory standards in accordance with the Administrative Procedure Act (2 U.S.C. 551 et seq.) setting forth the minimum technical criteria for medical diagnostic equipment used in (or in conjunction with) physician’s offices, clinics, emergency rooms, hospitals, and other medical settings. The standards shall ensure that such equipment is accessible to, and usable by, individuals with accessibility needs, and shall allow independent entry to, use of, and exit from the equipment by such individuals to the maximum extent possible. ‘‘(b) MEDICAL DIAGNOSTIC EQUIPMENT COVERED.—The standards issued under subsection (a) for medical diagnostic equipment shall apply to equipment that includes examination tables, examination chairs (including chairs used for eye examinations or procedures, and dental examinations or procedures), weight scales, mammography equipment, x-ray machines, and other radiological equipment commonly used for diagnostic purposes by health professionals. ‘‘(c) REVIEW AND AMENDMENT.—The Architectural and Transportation Barriers Compliance Board, in consultation with the Commissioner of the Food and Drug Administration, shall periodically review and, as appropriate, amend the standards in accordance with the Administrative Procedure Act (2 U.S.C. 551 et seq.).’’.

Browse ACA Titles

  • I-Quality, Affordable Health Care for all Americans
  • II-Role of Public Programs
  • III-Improving the Quality and Efficiency of Health Care
  • IV-Prevention of Chronic Disease and Improving Public Health
  • V-Health Care Workforce
  • VI-Transparency and Program Integrity
  • VII-Improving Access to Innovative Medical Therapies
  • VIII-Community Living Assistance Services and Supports (CLASS ACT)
  • IX-Revenue Provisions

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