MEDICAL DIAGNOSTIC EQUIPMENT: Proposed for State and Local Government Entities

Little People know all too well that without accessible MDE, individuals with disabilities are often denied an equal opportunity to receive medical care, including routine examinations. According to the DOJ, patients with disabilities have had to forgo Pap smears because they could not safely transfer from their wheelchairs to a fixed-height exam table. Similarly, inaccessible mammography machines have contributed to low breast cancer screening rates for patients with disabilities. But no example was given about the health consequences for people with dwarfism.

In a Section-by-Section Analysis of the proposed rule, the DOJ details the changes to the title II ADA regulations, including the reasoning behind the proposals, and poses questions for public comment. Powerful and easy to follow public comments should also reference the section or DOJ issue on which comments are based. Recommended changes should include data, information, or supporting authority. Please follow the link dated January 12 under Additional Resources at the end of this post to get details of proposed changes.

Now is a great time for people with dwarfism and Little People of America (LPA) to get on the DOJ’s radar, especially since they have called for public comment on this proposed rule change. Although many of the changes and issues directly impact public entities, it’s important to be on the lookout for changes that will adversely impact patients, especially little people.

The following are a few areas I have tagged for my comments:

•     § 35.210 Requirements for Medical Diagnostic Equipment

•     Several Issues on scoping

•     Issues 6 to 8 on dispersion of accessible MDE

•     Medical Equipment Used for Treatment, not Diagnostic, Purposes

You get the idea. Please read through the rule and pick areas on which you want to share your observations, approval, concerns, or whatever else comes to mind.

Somewhat surprising, is the DOJ only allowing 30 days for the submission of comments. This means we only have until February 12, 2024 to submit comments. Even though this tight turn around might limit how much you can say, please say enough to put the DOJ on notice to LPA issues.

Interested persons are invited to submit comments, identified by RIN 1190–AA78 in the subject field, by any one of the following methods:

• Federal eRulemaking website:https://www.regulations.gov. Follow the website’s instructions for submitting comments.

• Overnight, courier, or hand delivery: Disability Rights Section, Civil Rights Division, U.S. Department of Justice, 150 M St. NE, 9th Floor, Washington, DC 20002.

Please help to spread the word. The more public comments received the better.

Additional Resources:

• “Nondiscrimination on the Basis of Disability; Accessibility of Medical Diagnostic Equipment of State and Local Government Entities.” A Proposed Rule by the Justice Department on 01/12/2024. https://www.federalregister.gov/documents/2024/01/12/2024-00553/nondiscrimination-on-the-basis-of-disability-accessibility-of-medical-diagnostic-equipment-of-state 
• Angela Muir Van Etten. “MAKING PUBLIC COMMENTS: Time Wasted or Well Spent?” Blog post. November 7, 2022. https://angelamuirvanetten.com/making-public-comments-time-wasted-or-well-spent/
• Angela Muir Van Etten. “Tackling Inaccessible Medical Equipment, Part II.” Blog post. March 28, 2022. https://angelamuirvanetten.com/tackling-inaccessible-medical-equipment-part-ii/
• Angela Muir Van Etten. “Tackling Inaccessible Medical Equipment.” Blog post. April 19, 2021. https://angmuirvanetten.com/tackling-inaccessible-medical-equipment/
• “Standards for Accessible Medical Diagnostic Equipment.” January 9, 2017 rule of the Architectural and Transportation Barriers Compliance Board. https://www.federalregister.gov/documents/2017/01/09/2016-31S186/standards-for-accessible-medical-diagnostic-equipment