As updated federal accessibility requirements take effect this summer, physician practices must ensure certain medical diagnostic equipment (MDE) – exam tables and weight scales – meet standards for patients with disabilities.
Practices that fail to comply with these standards by the applicable deadlines may face corrective action plans, suspension or loss of federal funding, or private lawsuits for compensatory damages.
After finding equipment design issues often prevented patients with disabilities from utilizing MDE, the Office of Civil Rights at the U.S. Department of Health and Human Services (HHS) and the Civil Rights Division at the U.S. Department of Justice (DOJ) adopted parallel rules on accessible MDE in summer 2024.
Effective July 8, 2024, HHS amended its rules implementing Section 504 of the Rehabilitation Act of 1973 to extend MDE accessibility standards to recipients of federal funding from HHS. That includes physicians who receive payment through Medicaid, Medicare, the Children's Health Insurance Program, or other government funds.
Similarly, on July 26, 2024, DOJ issued a final rule updating its rules that implement Title II of the Americans with Disabilities Act (ADA) to address medical equipment accessibility in state and local government entities, including public hospitals, health care clinics, and college and university health care systems.
Noting congressional intent that these two disability rights laws be interpreted consistently, DOJ’s rulemaking states its rule “imposes virtually the same requirements as HHS’s rule.”
Since taking effect in 2024, both agencies’ rules have required that if a practice acquires MDE, it meet the new accessibility requirements, up to a certain minimum percentage of that type of MDE. Physicians can find more information about the rules’ requirements in facts sheets from HHS and DOJ.
Additionally, though the rules do not generally impose an affirmative requirement on practices to purchase new accessible MDE, there are specific requirements to acquire at least one exam table and one weight scales meeting the accessibility requirements, if the practice uses that equipment. For the HHS rules, the deadline is July 8, 2026, and for the DOJ rules, the deadline is Aug. 9, 2026.
HHS explained in its rulemaking that the agency “imposed specific requirements for exam tables and weight scales because of their ubiquity among primary care providers, their importance for basic diagnostic health services, and their relative attainability compared to more expensive accessible imaging equipment.”
Physicians can find more information about the requirements on the American Academy of Pediatrics’ resource page.
Physicians can prepare for the new and ongoing requirements by reviewing their equipment inventory to determine what their needs are; working with their equipment vendors to meet those needs; developing a staff training plan; and preparing talking points should they receive a patient complaint.
For example, if physicians are aware of the ADA requirements and have a plan in place to meet them, they should be prepared to communicate that to their patients.
HHS also requires practice staff to be trained in operating MDE and in transferring and positioning patients with disabilities on the equipment.
For more information, reach out to TMA’s Practice Services team or call (800) 523-8776.
DISCLAIMER NOTICE: This information is provided as general information and is not intended to provide advice on any specific legal matter. This information should NOT be considered legal advice, and receipt of it does not create an attorney-client relationship. This is not a substitute for the advice of an attorney. The Office of the General Counsel of the Texas Medical Association (TMA) provides this information with the express understanding that (1) no attorney-client relationship exists, (2) neither TMA nor its attorneys are engaged in providing legal advice, and (3) the information is of a general character. Although TMA has attempted to present materials that are accurate and useful, some material may be outdated, and TMA shall not be liable to anyone for any inaccuracy, error or omission, regardless of cause, or for any damages resulting therefrom. You should not rely on this information when dealing with personal legal matters; rather legal advice from retained legal counsel should be sought. Also, this information contains third-party links that may bring you to a third-party website, owned and operated by an independent party over which TMA has no control (3rd Party Website). Any link you make to or from the 3rd Party Website will be at your own risk.
Alisa Pierce
Reporter, Division of Communications and Marketing
(512) 370-1469