On August 9, 2024, the U.S. Department of Justice published a final rule implementing new ADA requirements for accessible medical diagnostic equipment (MDE) used in hospitals, emergency departments, physicians’ offices, clinics and other medical facilities operated by state and local governments and all departments, agencies, special purpose districts, and other instrumentalities of state or local governments – known as “public entities.” In Oklahoma, public entities would include hospitals, clinics and services owned by the state, a county, a municipality, or a public trust for the benefit of the state, county or municipality. If a public entity owns a facility, but contracts with a private company to operate or manage it, the new ADA rule still applies to the facility. 

Title II of the ADA requires public entities to ensure that their services, programs, and activities are accessible to people with disabilities.  The new ADA rule mandates that public entities furnish MDE that satisfies certain accessibility standards.

What is MDE?

Examples of MDE include:

• examination tables
• examination chairs (including chairs used for eye examinations or procedures, and dental examinations or procedures)
• weight scales
• mammography equipment
• x-ray machines

What is Accessible MDE?

Accessible MDE is MDE that meets the standards of the Architectural and Transportation Barrier Compliance Board under the Rehabilitation Act of 1973 and set forth in federal regulations (“Accessible MDE Standards”). For example, the Accessible MDE Standards require MDE that is designed to allow a patient with a disability to transfer independently onto examination chairs and tables.

What is required by the ADA’s new Accessible MDE rule?

• The new ADA rule sets out standards for MDE that is purchased, leased or acquired after October 8, 2024, and for existing MDE.
• For newly purchased, leased or acquired MDE (on or after October 8, 2024), at least 10% of the total number of units – but no fewer than one – must satisfy the Accessible MDE Standards. For facilities that specialize in treating conditions that affect mobility (including outpatient physical therapy), at least 20% of the total number of units – but no fewer than one – must meet Accessible MDE Standards. If a facility has multiple departments, the facility must furnish the Accessible MDE among the departments in a proportionate manner.
• For existing MDE, public entities must address access barriers resulting from a lack of Accessible MDE. Examples of access barriers could include exam tables that are not height adjustable or weight scales that do not accommodate wheelchairs. Public entities can address an access barrier by providing services at another location, through home visits, or by acquiring Accessible MDE, for example.
• On or before August 9, 2026, public entities that have an examination table for patient use must purchase, lease, or otherwise acquire at least one examination table that meets the Accessible MDE Standards, unless it already has one.
• On or before August 9, 2026, public entities that have a weight scale for patient use must purchase, lease, or otherwise acquire at least one weight scale that meets the Accessible MDE Standards, unless the entity already has one.
• Importantly, public entities cannot deny health care services to a patient with a disability that they would otherwise provide because they lack Accessible MDE, nor can they require a patient with a disability to bring along a helper if non-disabled patients are not required to do the same. Public entities must ensure that their staff can successfully operate Accessible MDE, assist with transfers and positioning of individuals with disabilities, and carry out the new ADA rule’s requirements for existing MDE.

As is the case with existing ADA rules, the new ADA rule does not require public entities to make changes that would result in a fundamental alteration in the nature of the service, program or activity or cause undue financial and administrative burdens.