Recommendations on Standards for the Design of Medical Diagnostic Equipment for Adults with Disabilities, Advisory Committee Final Report

BACKGROUND

Section 4203 of the Patient Protection and Affordable Care Act (the “Affordable Care Act”) adds a new section to the Rehabilitation Act of 1973 requiring the U.S. Access Board to promulgate regulatory standards “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.” It also requires the U.S. Access Board to periodically review and, as appropriate, amend the standards.

Based on this, the Access Board is to establish minimum technical criteria for medical diagnostic equipment used in (or in conjunction with) physician's offices, clinics, emergency rooms, hospitals, and other medical settings.¹ In response, the Access Board issued a notice of proposed rulemaking² that, among other things, would specify a maximum lower adjustable height for the transfer surface. The intent of this minority report is to discuss the specific recommendation that the minimum standard for the highest point of the transfer surface in the lowest adjustable height should be 19 inches in sections M301.2.1 and M302.2.1.

NOTES

^1. Patient Protection and Affordable Care Act, Pub. L. No. 111-148, §4203, 124 Stat. 119 (2010).

^2. See Architectural and Transportation Barriers Compliance Board. Notice of Proposed Rulemaking: Medical Diagnostic Equipment Accessibility Standards, 77 Fed. Reg. 6916, February 9, 2012