Welcome to the Brach Eichler Talks podcast, where we explore and discuss today's trending legal topics. In this vital episode for healthcare administrators and providers, we break down the recent healthcare law alert regarding new Department of Health and Human Services (HHS) accessibility requirements. On July 8, 2024, the HHS implemented new accessibility mandates for medical diagnostic equipment (MDE). These rules apply to all public and private entities receiving HHS funding, including Medicare and Medicaid participants. Whether you operate a dental practice, a physical therapy clinic, or a hospital, understanding these deadlines is crucial for your compliance and operations. Key Topics Covered in This Episode: Who is Affected: These requirements apply to doctors, dentists, hospitals, clinics, emergency rooms, and other health care providers that receive HHS funding and use MDE to provide healthcare services. What Constitutes MDE: MDE includes, but is not limited to, examination tables, examination chairs for eye or dental exams and procedures, weight scales, mammography equipment, x-ray machines, and other radiological equipment commonly used for diagnostic purposes by health professionals. The Upcoming 2026 Deadline: Effective July 8, 2026, all HHS-funded entities that use exam tables and weight scales must have at least one accessible examination table and one accessible weight scale that conform to the U.S. Access Board standards for accessible MDE. New Equipment Purchases: If an HHS-funded entity purchases, acquires, or leases MDE after July 8, 2024, the MDE must meet applicable accessibility standards until the entity satisfies the required threshold for its equipment inventory. Standard Facility Thresholds: For most healthcare settings that utilize MDE, including physician offices, hospitals, and outpatient entities, the threshold is at least 10% of each type of MDE in use in the facility (but no fewer than one unit) must meet the accessibility standards. Specialty Facility Thresholds: For entities specializing in the treatment of conditions affecting mobility, such as rehabilitation centers and physical therapy entities, the threshold is at least 20% of each type of MDE in use in the facility (but no fewer than one unit) must meet the accessibility standards. Staff Training Mandates: Entities must ensure they have staff trained to operate the accessible MDE. Furthermore, entities must ensure they have staff trained to assist patients with disabilities in transferring to the accessible equipment and positioning them on the equipment. We Can Help To ensure full compliance with the new accessibility requirements, contact us to address any questions you may have: John D. Fanburg, Esq., Managing Member and Chair, Healthcare Law | jfanburg@bracheichler.com | 973-403-3107 Edward Hilzenrath, Esq., Member, Healthcare Law | ehilzenrath@bracheichler.com | 973-403-3114 Vanessa Coleman, Esq., Associate, Healthcare Law | vcoleman@bracheichler.com | 973-364-5208 Connect With Us: Don't forget to subscribe to our podcast on Spotify, Apple Podcasts, and YouTube. Follow us on LinkedIn and Facebook for updates on new episodes. For more information and resources, visit bracheichler.com. Disclaimer: This is intended to provide general information, not legal advice. Please contact the authors if you need specific legal advice.
