We're Reaching New Heights in Accessibility Going Lower Than Ever Before

The DOJ is enforcing the US Access Board Standards (MDE) that were issued on July 1st, 2017, 36 CFR part 1195 requiring Medical Diagnostic Equipment to have a 17-inch to 19-inch low transfer height range.

The most recent 2024 US Access Board Standards (MDE), requiring a 17-inch low seat height effective September 23rd, 2024, is not enforced by the Department of Justice.

The Department of Justice is considering issuing a supplemental rulemaking proposing to adopt the 17-inch low seat height.¹

According to this ruling, the general scoping requirements for medical diagnostic equipment state:

• At least 10% of the total number of units at a facility, but no fewer than one unit, must meet the US Access Board Standards (MDE).

• At least 20% of the total number of units at a rehabilitation facility that specializes in treating conditions that affect mobility, but no fewer than one unit, meet the US Access Board Standards (MDE).

After October 8th, 2024, newly acquired medical diagnostic equipment must meet the US Access Board Standards (MDE) that were issued on July 1st, 2017, 36 CFR part 1195 requiring Medical Diagnostic Equipment to have a 17-inch to 19-inch low transfer height range until the DOJ's scoping requirements are met.

Facilities have until August 9th, 2026, to get compliant to the DOJ's scoping requirements of the US Access Board Standards (MDE) that were issued on July 1st, 2017, 36 CFR part 1195. Otherwise, facilities can be subject to lawsuits and settlement agreements to achieve greater access, inclusion and equal opportunity for people with disabilities.

The Department of Justice is considering issuing a supplemental rulemaking proposing to adopt the 17-inch low seat height.

DOJ Enforcement Fact Sheet: https://www.ada.gov/resources/2024-08-08-mde-fact-sheet/

Facilities have until August 9th, 2026, to have at least one exam or procedure chair compliant to the DOJ's scoping requirements of the Access Board Standards (MDE) that were issued on July 1st, 2017, 36 CFR part 1195.

Otherwise, facilities can be subject to lawsuits and settlement agreements to achieve greater access, inclusion and equal opportunity for people with disabilities.

The Department of Health and Human Services has the same enforcement requirements as the DOJ.

DOJ Enforcement Fact Sheet: https://www.ada.gov/resources/2024-08-08-mde-fact-sheet/

The Department of Justice is considering issuing a supplemental rulemaking proposing to adopt the 17-inch low seat height.¹

According to a 2022 estimate by the US Census Bureau, over 44 million people with disabilities live outside of institutional settings in the United States, and the most common category of disability is mobility or ambulatory impairment.²

"The lack of physical accessibility adversely affects quality of care, leading to delayed and incomplete care, missed diagnoses, exacerbation of the original disability, and increases in the likelihood of the development of secondary conditions."³

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