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March 30, 2011 TCS Advisory, ADA Issues New Rules for Public Facilities The Department of Justice announced on March 14 that the long-awaited Americans with Disabilities Act (ADA) new Final Rules are effective as of March 15, 2010. The Rules affect Title II (state and local governments) and Title III (Public Accommodations). "Public Accommodations" includes clinics, doctors' and dentists' offices, emergency preparedness shelters, pharmacies, stores, restaurants---essentially any business establishment open to the public. The size of the business or the age of the building has no bearing on whether businesses are required to comply. "Grandfather provisions" often found in local building codes do not exempt businesses from their obligations under the ADA. The new regulations consist of several parts, and include the 2010 ADA Standards of Accessible Design. Compliance with the 2010 Standards is permitted as of September 15, 2010, but not required until March 15, 2012. The rule includes a general "safe harbor" under which elements in covered facilities that were built or altered in compliance with the 1991 Standards or the Uniform Federal Accessibility Standards (UFAS) would not be required to be brought into compliance with the 2010 Standards until the elements were subject to a planned alteration. The new Rules also pertain to service animals, wheelchairs and other power-driven mobility devices, and effective communications. Service animals used for particular purposes are allowed to enter a facility under certain guidelines, and businesses may have some control as to when the animals may be excluded. Power-driven mobility devices such as wheelchairs, Segways®, golf carts etc. may be used with some restrictions and businesses may make reasonable modifications to allow these devices. In regards to effective communications, the ADA requires businesses to take steps necessary to communicate effectively with customers in relation to vision, hearing, and speech disabilities. There is flexibility in determining communication solutions, and based on a business's resources, should not result in significant hardship or expense. Thomas E. Perez, Assistant Attorney General for Civil Rights, stated “The new rules usher in a new day for the more than 50 million individuals with disabilities in this country. The rules will expand accessibility in a number of areas and, for the first time, provide detailed guidance on how to make recreation facilities, including parks and swimming pools, accessible.” In addition, on July 26, 2010, the Department had published four advance notices of proposed rulemaking (ANPRMs) in the Federal Register, seeking public comment on: 1. "Accessibility of Web Information and Services Provided by Entities Covered by the ADA," relating to both state and local governments and public accommodations; 2. "Movie Captioning and Video Description," relating to public accommodations; 3. "Accessibility of Next Generation 9-1-1," relating to state and local governments; 4. "Equipment and Furniture," relating to both state and local governments and public accommodations. The public comment period for these ANPRMs ended January 24, 2011. DISCLAIMER: Information and advice provided is general, and readers should consult professional counsel for specific legal, ethical, or clinical questions. Users of this service should consult attorneys who are familiar with federal and state health laws. ADDITIONAL INFORMATION: If you are interested in receiving additional information about TCS/MedSafe brand products and services, including OSHA, HIPAA/HITECH, Medicare Advantage/Part D Fraud, Waste and Abuse, Risk Management, Accreditation, Medical Coding and Chart Auditing, Financial and Corporate Compliance, the Massachusetts Written Information Security Program, and other regulatory issues, please contact us at 781-237-9700, or visit us on the web at www.tcs-inc.us Total Compliance Solutions, Inc., 27 Mica Lane, Suite 208, Wellesley, MA 02481 COPYRIGHT © 2011 Total Compliance Solutions, Inc. (TCS). All rights reserved. --> |
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