Following an explosion in new healthcare apps and digital platforms, the US Department of Justice has proposed a new rule that would clarify how digital access applies to obligations under the Americans with Disabilities Act.
It is the first time the agency has issued a proposed rule about website access, Justice Department officials noted.
As healthcare processes such as medication management and scheduling increasingly move online, it is more important than ever to ensure access.
Although the Justice Department’s rule is aimed at those with disabilities, a large number of older adults fall under the ADA umbrella: 30% of Americans aged more than 60 years, and 50% of those aged more than 75, have some kind of impairment, either with mobility, or reduced cognitive function.
Some recent lawsuits also have clarified what obligations assisted living providers have under ADA regulations.
The pandemic put a particular focus on the need for mobile access, as essential services and programs moved online, Justice Department spokespersons noted.
“This proposed rule marks a significant milestone in the Justice Department’s efforts to advance accessibility in the digital sphere,” Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said in a statement. “We will continue to use every tool available to ensure that people with disabilities are provided full access to the digital town square.”
Many government agencies now are adjusting regulations to accommodate or respond to new online options within healthcare. After several public comments, the US Drug Enforcement Agency currently is considering opening up more options for prescribing medication via telehealth.
Although the specifics of the proposed rule have not been published yet, the department plans to release that information soon, and the opportunity for public comment will follow, the agency noted.
