DOJ published two sets of regulations addressing the rights of individuals with disabilities in August 2016. They are final rules implementing the ADA Amendments and Section 1557 of the Affordable Care Act. The ADA Amendments Regulations merely incorporates the statutory changes of the ADAAA into the Title II and Title III regulations. The significant provisions of the ADAAA referenced include:
DOJ also advised that the interpretation of the term disability under Titles II and III must be consistent with the relevant EEOC regulations implementing Title I.
Section 1557 of the Affordable Care Act is applicable to health programs and activities that are recipients of federal financial assistance administered by the Department (HHS) or administered by a Title I (ACA) entity. It prohibits discrimination and harassment on the basis of race, color, national origin, sex, age, or disability. Therefore, the majority of postsecondary institutions that operate and/or have administrative responsibility for patient treatment facilities have compliance obligations under Section 1557. Significant provisions of the Act require:
NOTE:Under Section 1557, medical students are merely considered contractors assisting hospital/clinic in performing services.