Overview
Two years ago, the federal government announced new requirements governing the accessibility of medical diagnostic equipment (MDE) used by public entities as well as entities that receive funding from the Department of Health and Human Services (HHS). For some of the new requirements, providers were given two years to come into compliance. Those deadlines, in July and August 2026, are fast approaching. By that time, covered entities that use examination tables and/or weight scales in their health care practices must have at least one piece of such equipment that meets the new accessibility standards.
What You Need to Know
- The MDE rule applies to all public entities that are covered by Title II of the Americans with Disabilities Act (ADA), including state and local government. This encompasses public university health care systems, public health care clinics, and public hospitals. It also includes health care facilities operated by such entities, such as student health care clinics, even if not open to the general public.
- The rule also applies to entities that receive funding from HHS such as health care providers participating in CHIP and Medicaid, hospitals, and nursing homes. Many public entities may also be covered under the HHS rule.
- By July 8, 2026, entities that receive funding from HHS must have an accessible examination table if they use examination tables; and must have an accessible weight scale if they use weight scales.
- By August 9, 2026, public entities must have an accessible examination table if they use examination tables; and must have an accessible weight scale if they use weight scales.
- However, there are options in how to comply.
What Do the Rules Require
In the summer of 2024, the Department of Justice (DOJ) and the HHS each issued final rules updating the regulation for Title II of the ADA and the regulation for Section 504 of the Rehabilitation Act, respectively. The rules explained specific requirements for accessible medical diagnostic equipment, i.e., equipment used in, or in conjunction with, medical settings by health care providers for diagnostic purposes. Common examples of MDE include:
- Examination tables
- Examination chairs, such as those used for eye or dental exams or procedures
- Weight scales
- X-ray machines
Among other obligations to ensure accessible MDE, the DOJ and HHS rules require that each covered entity that uses exam tables and weight scales have in place at least one accessible exam table and one accessible weight scale. Entities were given two years to comply with these requirements.
In defining what makes MDE accessible, the federal government adopted the standards established by the U.S. Access Board. Those standards lay out very detailed specifications for different types of MDE. When it comes to exam tables and weight scales, there are different standards depending on how the diagnostic equipment is used by the patient. For example, the standards differ depending on if the equipment is used in a supine or seated position.
To Whom Does the Rule Apply
DOJ’s rule applies to all state and local governments. Public entities that will be impacted include public hospitals, public health care clinics, and public colleges’ and universities’ health care systems. A clinic run by a public college, for example, needs to ensure that its MDE complies with the accessibility requirements.
The companion HHS rule applies to entities that receive federal financial assistance from the agency. This includes entities that participate in Medicare, Medicaid, or other grant or funding programs from HHS, meaning that most hospitals and doctors’ offices will need to comply.
Note that these rules apply to all covered entities, regardless of size. However, there is an exception if accessibility obligations would create undue financial or administrative burdens. In those cases, health care practices must still find alternative solutions to facilitate access.
When Are the Deadlines
The deadlines to have an accessible examination table and/or weight scale are fast approaching. For entities that receive funding from HHS the deadline is July 8, 2026. For entities covered by the DOJ rule—public clinics and health care systems—the deadline is August 9, 2026.
All covered entities are already expected to comply with other obligations under the rule, some of which became effective immediately in 2024. Those rules include mandates to (i) have qualified staff who can operate the accessible MDE and (ii) assist patients with disabilities in transferring to accessible equipment. In addition, if a practice acquires new MDE, that MDE must meet the accessibility standards until the practice has a certain percentage of accessible MDE.
The Bottom Line: Practical Significance for Your Institution
Hospitals, medical and dental offices, and health care providers should immediately take an inventory of their MDE and assess if their exam tables and weight scales meet the accessibility standards. If not, now is the time to research accessible equipment options and acquire the required equipment.
Covered entities should exercise caution and independent judgment when purchasing accessible MDE. No federal agency certifies MDE as officially compliant with its regulations. Vendors may make representations about compliance but will not back up their statements with a full guarantee and indemnification if compliance is challenged.
It is also recommended that covered health care providers maintain documentation to demonstrate compliance. Examples of useful documentation include acquisition records and/or manufacturer specifications of accessible MDE, written policies and procedures describing how MDE is readily accessible to and usable by patients with disabilities, and documentation of staff training on operating accessible MDE and assisting patients when needed.
Saul Ewing will continue to share updates on ADA, FHA, and Disabilities Law and support physicians, hospitals, and academic medical centers in understanding their obligations. Please do not hesitate to contact the authors of this alert, or your regular Saul Ewing point(s) of contact, with any questions about the substance of this alert.
