[{"_1":2,"_100":-5,"_101":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76,88],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6284918,"mediaKeyId","2576461-7acb243c208aa7a83330e6d163d57d40","parentId",2576461,"title","AG designee briefs commission on Section 504 litigation and health-care civil-rights duties","audioSeconds",1207,"startMs",513000,"endMs",1720000,"viewUrl","/Search/View?dp=1&key=2576461-7acb243c208aa7a83330e6d163d57d40&start=513&end=1720","thumbnailUrl","https://assets.pipeline.soar.com/2576461-7acb243c208aa7a83330e6d163d57d40/thumbnail_513000.jpg","articleUrl","/articles/6284918/Massachusetts/AG-designee-briefs-commission-on-Section-504-litigation-and-health-care-civil-rights-duties","mediaUrl","https://secure.pipeline.soar.com/6284918-7aa7457bdf08b2e5189a28bf468ebbfb/orig.mp4?Expires=1770959790&Signature=guJ18bmelyDBGKBwnn4oDcrpULklZRVAwPjLGsuR6z93zN2CCyCeOsqPYDYP4FS-YGbxlk1-SSeNIAix3qQNJ5n6d1C7H5eG1beOOoMirEsn2CKOB8rkFufSF9BFEmg7mOfhVAhT46ZzyacFYTiTfGMmeIqdlqH5Vx7tq6Qyt7PvwtEfrslALaYOlzYrZdRetW35W5z~Ecu7FZz2qNS7U5UMBylpXxKiGKZYHsEMCv1jn1ernHDLgrM8f9H4z4h1dDIfAIQ4GdplpoZh~SJOTQzCF6fVCnffGmn3oEtuMlprZ6MLq8g-E0B~p7FmQ~U~k8r7H3j9uR45jSS8-IGVYw__&Key-Pair-Id=KUT5TJCACFTXG","author","Massachusetts Legislature","date","2025-03-12T00:00:00Z","article","Anne Lynch, assistant attorney general and the Massachusetts Attorney Generals disability rights coordinator, told the Permanent Commission on the Status of People with Disabilities on March 12 that litigation challenging recent Section 504 rulemaking is underway and that health-care providers must continue to meet federal and state civil-rights obligations.

Lynch said the case, long known as Texas v. Becerra and now filed as Texas v. Kennedy after the HHS appointment, was brought in September 2024 by 17 states and challenges HHSs May 2024 Section 504 regulations. The states complaint, she said, contests multiple provisions of the rule and argues some regulatory language exceeds statutory authority.

The dispute matters to patients and providers because the May 2024 rules added or clarified requirements the attorney generals office says apply in health-care settings: digital accessibility for websites and apps, accessibility for newly purchased medical diagnostic equipment, maintenance of accessible features, allowances for service animals, and requirements to provide auxiliary aids and services for effective communication.

Lynch noted one contested item is the Fourth Circuits recognition, in a recent ruling, that gender dysphoria can be a disability under certain circumstances; the states bringing the suit say that characterization contradicts language in the 1973 Rehabilitation Act. \"I will say the terminology used and the grouping of these conditions are very reflective of the time in which the statute was passed,\" Lynch told commissioners. She quoted statutory language the challengers cited and said the litigation also presses constitutional spending-clause arguments.

The attorney generals office also highlighted Olmstead v. L.C., the Supreme Court decision addressing unjustified institutional isolation, which Lynch said underlies parts of the states challenge to the regulations community-integration language.

Lynch reviewed what the civil-rights laws mean in practice for Massachusetts health-care settings. She said Section 504 applies where federal funds (for example, Medicaid and Medicare) support a facility; the Americans with Disabilities Act covers public (Title II) and private (Title III) health-care entities; and Massachusetts public-accommodations law independently bars disability-based distinctions in treatment.

The presentation outlined specific provider duties cited by Lynch: pursue readily achievable barrier removal in older facilities, comply with building-code accessibility requirements when remodeling, and meet medical-equipment accessibility rules. Lynch said the federal governments August 2024 rule requires that certain public facilities have at least one accessible exam table and an accessible scale by August 2026 and that facilities may not deny care or require patients to bring a companion because of inaccessible equipment.

Lynch emphasized reasonable accommodation and effective communication obligations: examples include scheduling earlier, quieter appointments for patients with sensory or anxiety needs, providing qualified sign-language interpreters for scheduled visits, offering large-print materials or reading forms aloud, and ensuring digital patient portals are accessible. She also discussed language-access duties under Title VI of the Civil Rights Act and Section 1557 of the Affordable Care Act and cited a Massachusetts law requiring competent interpreter services for certain acute-care settings.

Lynch said the Attorney Generals Office has published several guidance documents since January, including general guidance for service providers and two documents aimed at health-care settings that address immigration-enforcement encounters and emphasize patient privacy and limited information-sharing consistent with HIPAA. Her office recommends training staff, designating a point person to handle immigration-enforcement interactions, and establishing private areas where enforcement personnel should not enter without a valid judicial warrant.

Commission chair Denise Garlick thanked Lynch and opened a question period. Commissioner Charlie Carr, speaking as a person with a significant disability, asked what recourse is available when hospitals and clinics fail to meet accessibility obligations. Lynch said individuals can try to resolve issues directly with providers, raise complaints with HHSs Office for Civil Rights, file complaints with the Massachusetts Attorney Generals Office, or bring claims to the Massachusetts Commission Against Discrimination (MCAD), and she reiterated that her presentation did not constitute legal advice.

Lynch concluded by noting the Attorney Generals Office is closely monitoring the Section 504 litigation and is prepared to act to defend civil rights in Massachusetts.

The Attorney Generals health-care guidance documents and the AGs civil-rights hotline are available on the offices website, Lynch said. Commissioners were advised to contact Lynch or the office for copies and further assistance.","mediaType","Video","parentTitle","Status of Persons with Disabilities - 3-12-2025\t","oneSentenceSummary","Anne Lynch, assistant attorney general and the Massachusetts Attorney Generals disability rights coordinator, told the Permanent Commission on the Status of People with Disabilities on March 12 that litigation challenging recent Section 504 rulemaking is underway and that health-care providers must continue to meet federal and state civil-rights obligations.","taxTitle","Status of Persons with Disabilities, Commissions, Legislative, Massachusetts","taxId",24862,"location","Massachusetts","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6284908,"Commission accepts December minutes, plans subcommittee events and announces summit and advocacy dates",5194,351000,5545000,"/Search/View?dp=1&key=2576461-7acb243c208aa7a83330e6d163d57d40&start=351&end=5545","https://assets.pipeline.soar.com/2576461-7acb243c208aa7a83330e6d163d57d40/thumbnail_351000.jpg","/articles/6284908/Massachusetts/Commission-accepts-December-minutes-plans-subcommittee-events-and-announces-summit-and-advocacy-dates","https://secure.pipeline.soar.com/6284908-d0dace0c3222d668e63745840bda09c0/orig.mp4?Expires=1770959790&Signature=QU9PJLAAPh1z4J0xg3NEQcPjBcP5eVP0kNvrpNMXsQOpG-ZzNk3tUPBc3VWW~xNN93mX05OcgPP0KYa6~yP1krmxZNzzVtkAstmykC70YlWbCn38Ez7~qL5kT6H7utvcJXCKZuNCJEMny5YHFpw9XUdlHSGDsgb2~IePCUYiWvnMAelmlR5j7UNWSiZlrUSkF9vOdO5q5ZJfhcfEhJU8C2ldFmWaEQ5TzFbimAB4lL173ZXRPhpFwjekUqj2mg1MpPR2c5VQabN10~GZ5xAL1NfUCGNRdUkU9HbYt138iM5kRZSoq5yVVz6-ojCIU6Ec8DqJ-O0fnPzNFLiP2bmVuw__&Key-Pair-Id=KUT5TJCACFTXG","The Permanent Commission on the Status of People with Disabilities voted to accept the draft minutes from its December meeting and concluded its March 12 session after hearing subcommittee reports and several announcements.

Commissioner Craig Hall moved to accept the December minutes as presented. The motion was seconded (second not specified in the transcript) and the chair recorded \"Aye\"; the minutes were accepted. Later, the commission approved a motion to adjourn and the meeting ended at about 12:30 p.m.

The meeting featured reports from subcommittee chairs about planned events and outreach. The Disability Employment Subcommittee reported on work with MassAbility, the Executive Office of Labor and Workforce Development, and research partners on benefits-cliff analysis and learn-to-earn data, and said it is developing a short internal newsletter to summarize subcommittee activity.

The Workforce Support Subcommittee reported it intends to continue stakeholder collaboration to address recruitment and retention in the direct-support workforce, will host presentations from the Association of Developmental Disabilities Providers and the Executive Office of Health and Human Services, and is exploring a tutorial for service providers with the Attorney Generals Office.

The newly retitled Long-Term Services, Supports, and Health Equity Subcommittee outlined two planned events before June 30: a closed roundtable with subject-matter experts on health equity and an open forum focused on the role of personal care attendants in helping people with disabilities enter the workforce.

Commissioners and staff also announced dates and activities for upcoming events: the Paul Spooner Summit (a leadership program) will run from September into October (dates to be posted); a webinar about the Commonwealth Care Alliance insolvency is scheduled for March 18 (registration required); Autism Advocacy Day at the State House is April 8; and a deaf-blind advocacy day is planned for April 9.

Chair Denise Garlick reminded commissioners that statutory terms are three years and that several appointing authorities' seats remain vacant; the commission plans to move forward with an executive-board election in June.

The chair closed the meeting with thanks to the presenters and a request that commissioners forward subject-matter expert names to staff to support event planning.","The Permanent Commission on the Status of People with Disabilities approved its December minutes, heard subcommittee reports and set plans for two events before June 30; commissioners announced the Paul Spooner Summit dates and several advocacy days.",{"_33":89,"_35":36,"_37":38,"_39":90,"_41":91,"_43":92,"_45":93,"_47":94,"_49":95,"_51":96,"_53":97,"_55":56,"_57":58,"_59":98,"_61":62,"_63":64,"_65":99,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6284912,"Council designee warns federal staffing, budget and regulatory changes could harm disability programs",1505,2084000,3589000,"/Search/View?dp=1&key=2576461-7acb243c208aa7a83330e6d163d57d40&start=2084&end=3589","https://assets.pipeline.soar.com/2576461-7acb243c208aa7a83330e6d163d57d40/thumbnail_2084000.jpg","/articles/6284912/Massachusetts/Council-designee-warns-federal-staffing-budget-and-regulatory-changes-could-harm-disability-programs","https://secure.pipeline.soar.com/6284912-b45bd379d1b0b7959148c964ebefead5/orig.mp4?Expires=1770959790&Signature=aZ3UyYryW86X8HLBFkHmqFYrxJKajgw4ADB0J1SnpuDpiOeoMHgQcqYzsFB0ETW3s~75icF-Wn3zFAGUnOMSvmGS-CvdWOj3-qe7agBnxH5Xhu2avRpZIeQ9KKxMpnIF5e9Et8nxuGc5GPwdiRPH59sxTBs8rGQ2CgfZbfCQB4-7aivRWTv0TXaM0Q-IRl~SnKwz11LrsN0mV6yQla-IbvQ0Lwod3ZOKIS2jtqWWvg~-d8Wx5uzLqErkn5UwHXfRG22kg8YsjOsJuydyelOyT37dN~DpCQylNw5bocyZXfoeM5l1jT8USO2NbQK6O2BZIcIaHS13zih-f4jXn08U8Q__&Key-Pair-Id=KUT5TJCACFTXG","Craig Hall, executive director of the Massachusetts Developmental Disabilities Council and the councils designee to the Permanent Commission on the Status of People with Disabilities, told commissioners on March 12 that recent federal budget uncertainty, hiring directives and executive actions could threaten supports people with disabilities rely on.

Hall said the combination of continuing resolutions, automatic rescissions and Office of Management and Budget hiring and reduction-in-force directives risk reducing discretionary, nonstatutory federal programs and regulatory capacity. \"The overarching theme is the reduction of federal spending on nonstatutory activities,\" Hall said, describing how fewer staff and smaller discretionary budgets could mean delays and cuts to services.

He highlighted several specific concerns: continuing resolutions preserve last years funding levels and, in the current measure, include an automatic 1% rescission; OMB guidance asking agencies to limit new hires and to prepare reduction-in-force plans could leave some offices under-staffed; and policy changes and executive orders that restrict diversity, equity and inclusion programs or limit certain regulatory tools could further reduce protections and enforcement capacity.

Hall listed programs that depend on federal funding and could be affected: Medicaid (MassHealth), Money Follows the Person, special education, vocational rehabilitation, centers for independent living, protection-and-advocacy agencies, the Developmental Disabilities Council, and other grant programs. He noted Massachusetts receives roughly $15,000,000,000 in federal funding annually and said converting Medicaid to capped block grants or imposing work requirements could significantly alter services.

On education and enforcement, Hall said observers are tracking proposals to move or restructure components of the Department of Educations work, potentially shifting special-education functions and the Office for Civil Rights authority to other departments. He also described litigation and regulatory challenges at the Department of Transportation and other agencies that, if successful, could narrow accessibility enforcement.

Commissioners asked clarifying questions. Commissioner Jesse Burks Abbott asked whether the Houses continuing-resolution language was a \"clean CR.\" Hall replied that the House measure he referenced extends last years spending to Sept. 30 with no new attachments or increases and that it does not create additional program funding.

Commissioner Charlie Carr asked about the federal definition of developmental disability; Hall said the definition appears in the Developmental Disabilities Assistance and Bill of Rights Act and offered to circulate a plain-language summary and Spanish translation posted on the councils website.

Hall told the commission the Massachusetts Developmental Disabilities Council will post his slides and continue to update commissioners. He urged commissioners and advocacy groups to monitor federal rulemaking, budget and staffing developments and to use the council as a source of factual, regularly updated information.

The presentation will be posted on the Massachusetts Developmental Disabilities Council website and shared with commissioners, Hall said.","Craig Hall, executive director of the Massachusetts Developmental Disabilities Council, told commissioners that continuing resolutions, OMB hiring limits, and new executive orders could reduce funding, staff and regulatory protections for disability programs and services.","actionData","errors"]

Article not found

AG designee briefs commission on Section 504 litigation and health-care civil-rights duties

Commission accepts December minutes, plans subcommittee events and announces summit and advocacy dates

Council designee warns federal staffing, budget and regulatory changes could harm disability programs