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DOJ/CRT

RIN: 1190-AA66

Publication ID: Fall 2011

Title: ●Nondiscrimination on the Basis of Disability by State and Local Governments and Public Accommodations: Accessibility of Medical Equipment and Furniture
Abstract: On July 26, 2010, the Department published an Advanced Notice of Proposed Rulemaking (ANPRM) to consider possible changes to requirements under titles II and III of the ADA to require that equipment and furniture used in programs and services provided by public entities and public accommodations are accessible to individuals with disabilities. See RIN 1190-AA64. In the 2010 ANPRM the Department sought public input on possible revisions to its ADA regulations that would be needed to require the accessibility of equipment and furniture in such programs and services, and also sought background information for the regulatory assessment that would be needed for the Department to revise its regulations. The 2010 ANPRM addressed the following broad categories of equipment and furniture: medical equipment and furniture; exercise equipment and furniture; accessible golf cars; beds in accessible guest rooms and sleeping rooms; beds in nursing homes and other care facilities; electronic and information technology; and inquired about the necessity for accessibility of other types of equipment and furniture. The comment period on the 2010 ANPRM closed on January 24, 2011. This was the initial step in the Department's rulemaking process on accessible equipment and furniture. The Department intends to proceed in several stages to revise the title II and title III regulations to address the accessibility requirements for equipment and furniture addressed in the initial 2010 ANPRM. As a separate step in the rulemaking process, the Department has decided to publish an ANPRM that solely addresses the accessibility requirements for medical equipment and furniture pursuant to titles II and III of the ADA. This proposed ANPRM will include all of the various types of medical equipment and furniture addressed in the 2010 ANPRM and will allow the Department to solicit more detailed input from the public regarding, among other things, the appropriate accessible features for medical equipment and furniture; the commercial availability of such equipment and furniture; costs associated with the acquisition and implementation of such equipment and furniture; scoping requirements for specific facility types; and triggering events, implementation schedules and effective dates for requiring compliance with the requirements for accessible medical equipment and furniture. The proposed ANPRM on accessible medical equipment and furniture will also permit the Department, as a member of the Access Board, to coordinate more closely with the Board in the Board's development of standards setting forth minimum technical requirements for medical diagnostic equipment used in (or in conjunction with) physician's offices, clinics, emergency rooms, hospitals, and other medical settings pursuant to the Patient Protection and Affordable Care Act. This health care reform legislation added a new section 510 to the Rehabilitation Act of 1973 and directed the Access Board to promulgate standards to ensure that such medical diagnostic equipment is accessible to, and usable by, individuals with accessibility needs and allows independent entry to, use of, and exit from the equipment or furniture by such individuals to the maximum extent possible. As stated in the 2010 ANPRM, the Department does not intend to issue a final rule on medical equipment, until the Board has promulgated its medical diagnostic equipment standards. When the Board has completed its medical diagnostic equipment standards, the Department will decide whether to adopt them for ADA implementation in the context of the Department's rulemaking on medical equipment and furniture.
Agency: Department of Justice(DOJ)	Priority: Other Significant
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Prerule Stage
Major: Undetermined	Unfunded Mandates: No
CFR Citation: 28 CFR 35 28 CFR 36
Legal Authority: 42 USC 12101, et seq

Legal Deadline: None

Timetable:

Action	Date	FR Cite
ANPRM	04/00/2012

Regulatory Flexibility Analysis Required: Undetermined	Government Levels Affected: Local, State
Small Entities Affected: Businesses	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Allison J. Nichol Chief, Disability Rights Section Department of Justice Civil Rights Division 950 Pennsylvania Avenue NW., Washington, DC 20031 Phone:800 514-0301 Fax:202-307-1198