OCR settles with UCLA over disability access

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The Department of Health and Human Services' Office for Civil Rights (OCR) has reached a Voluntary Resolution Agreement with the Regents of the University of California over its early intervention program over complaints that the program violated disability rights laws.

The settlement addresses allegations that the University of California Los Angeles (UCLA) Intervention Program violated these laws by terminating the participation of a toddler with developmental disabilities in its early intervention program.

Complaints further alleged that the program failed failing to make reasonable modifications to its policies, practices and procedures that would have allowed the toddler to participate.

WHAT'S THE IMPACT?

The complaint alleged that the program dismissed the toddler after they experienced a seizure on their second day attending the program.

The program, according to OCR, refused to make reasonable modifications that would have ensured the toddler's access, such as permitting a support person or one-on-one aid. After the investigation, UCLA Intervention Program agreed to take action to resolve the potential noncompliance with federal law.

The program is now required to provide equal opportunity to participate for those with disabilities, and implement policies for providing services in a nondiscriminatory manner.

That will include a process to document and respond to requests for reasonable modifications, a method for determining administratively whether the modification would alter the nature of its services, and a process for identifying an alternative modification if necessary.

UCLA Intervention Program also will be required to train all personnel on its policies and procedures, and report to OCR and be monitored for a two-year period.

THE LARGER TREND

In May, HHS issued a final rule prohibiting discrimination on the basis of disability, which the agency said strengthens civil rights protections for people with disabilities, addresses discrimination in medical treatment, adds enforceable standards for accessible medical diagnostic equipment, and ensures accessible web content and mobile apps.

The goal is to protect people with disabilities from experiencing discrimination in any program or activity receiving funding from HHS, the agency said.

More than 61 million Americans had a disability as of 2016, according to a 2022 Health Affairs analysis. Disparities in healthcare access and quality have been observed across many groups of people with disabilities in a variety of clinical environments. Such people also have been found to be less likely to report satisfaction with their care compared with people without disabilities.

Disparities in access to healthcare, and the quality of that care, have been associated with worse physical health and greater burden of chronic disease for people with disabilities compared with their nondisabled peers, research found.

Jeff Lagasse is editor of Healthcare Finance News.
Email: jlagasse@himss.org
Healthcare Finance News is a HIMSS Media publication.