HHS Rule Requiring Acquisition of Accessible Medical Equipment

Regulations
 
In May 2024, the U.S. Department of Health and Human Services (HHS) released a final rule, Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance. The rule affects providers participating in Medicare, Medicaid, and other HHS-funded programs. HHS adopted the U.S. Access Board's Standards for Accessible Medical Diagnostic Equipment (MDE) as part of its broader efforts to ensure health care accessibility for individuals with disabilities. The standards specify what is required for medical equipment to be accessible. HHS issued these new requirements because people with disabilities continue to face barriers in getting medical care due to inaccessible medical equipment. Barriers include exam tables or chairs with heights that cannot be adjusted and weight scales that do not allow the use of wheelchairs.
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The rule allowed each recipient that uses exam tables and weight scales two years (until July 8, 2026) to have in place at least one accessible exam table and one accessible weight scale. 

What this means for nursing homes, assisted living communities, and ID/DD facilities: 

If the facility is a recipient (is participating in Medicare, Medicaid, and other HHS-funded programs), by July 8, 2026, the facility is required to purchase, lease, or otherwise acquire the following, unless the recipient already has them in place:  

(1) At least one examination table that meets the Standards for Accessible MDE, if the recipient uses at least one examination table; and  

(2) At least one weight scale that meets the Standards for Accessible MDE, if the recipient uses at least one weight scale 

Recipients are also expected to do the following: 
  • Maintain accessible MDE for patient use; 
  • Ensure staff are trained to operate accessible equipment; 
  • Assist patients with transfers and positioning when necessary; and 
  • Provide accessible healthcare services in a manner that affords equal access to individuals with disabilities. 
For more information, see HHS fact sheet New Requirements for Accessible Medical Diagnostic Equipment 

AHCA/NCAL will provide additional guidance as it becomes available. Please send questions to regulatory@ahca.org.