The requirements stem from a final rule released by the U.S. Department of Health and Human Services in May 2024 that updated and strengthened disability discrimination protections as outlined in Section 504 of the Rehabilitation Act of 1973. HHS specifically notes that entities such as ASCs that participate in Medicare, Medicaid, or other grant or funding programs from HHS are covered by these new requirements.

According to HHS, inaccessible medical equipment limits access to care for people with disabilities. The new requirements aim to address those barriers. The covered medical equipment includes examination tables, examination chairs (such as chairs used for eye and dental exams), weight scales, mammography equipment, X-ray machines and other radiological equipment commonly used for diagnostic purposes by health professionals. Per the new requirements, covered providers must purchase, lease or acquire accessible medical diagnostic equipment until at least 10% of the total number of units (but no fewer than one unit) of each type of equipment in use is accessible. Facilities that use exam tables and weight scales must have at least one accessible exam table and one accessible weight scale. Facility staff must be qualified to successfully operate accessible medical diagnostic equipment, assist with transfers and ensure program accessibility.

Surgery centers might find that the new requirements prove costly or that the new equipment is ill-fitting for the physical space of the facility. In this case, HHS does allow for an alternative way to comply, noted in the regulatory text as “equivalent facilitation.” A facility may use an alternative way other than a specifically designed exam table or scale to provide accessibility as long as the end result is similar accessibility to what would have been achieved with the specialty equipment. Additionally, HHS notes that compliance is not intended to make facilities take any action that “would result in a fundamental alteration in the nature of a program or activity, or in undue financial and administrative burdens.” If a facility believes that complying with the requirements would cause undue burden, they must provide proof via a written statement that outlines the reason for that conclusion.

Other accessibility requirements

Additional requirements related to web and mobile accessibility under Section 504 of the Rehabilitation Act of 1973 that were scheduled to become effective for some facilities in May 2026 were delayed by a year. Per these requirements, any web content and/or mobile apps created by recipients of HHS funding must comply with Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. HHS outlines several exceptions, including archived web content, preexisting social media posts, and electronic documentation and content from third parties. As with the medical diagnostic equipment requirements, facilities that can demonstrate no impact on access to individuals with disabilities will be deemed to be in compliance, even if the web content accessibility guidelines are not met. Facilities with 15 or more employees will have until May 11, 2027, to comply and facilities with fewer than 15 employees will have until May 10, 2028, to comply.

Please write Alex Taira with any questions.