View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

DOJ/CRT RIN: 1190-AA66 Publication ID: Fall 2015 
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 ensure 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 ensure 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 NPRM that solely addresses the accessibility requirements for medical equipment and furniture pursuant to titles II and III of the ADA. This proposed NPRM will include all of the various types of medical equipment and furniture addressed in the 2010 ANPRM and will propose, among other things, scoping requirements by facility type and technical accessibility requirements for such equipment. It is expected that by the date the Department publishes its NPRM on medical equipment and furniture that the U.S. Access Board will have completed its work developing minimum technical standards 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, which added a new Section 510 to the Rehabilitation Act of 1973. The Department expects to seek public comment in the NPRM, among other things, on whether it should adopt the Access Board’s final medical diagnostic equipment standards as the technical accessibility standards for the Department’s rulemaking on medical equipment and furniture under titles II and III of the ADA.

 

 

 

 
Agency: Department of Justice(DOJ)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 28 CFR 35    28 CFR 36   
Legal Authority: 42 U.S.C. 12101 et seq   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  12/00/2017 
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:
Rebecca B. Bond
Chief
Department of Justice
Legal Activities
Disability Rights Section, 950 Pennsylvania Avenue NW,
Washington, DC 20530
Phone:800 514-0301