Rulemaking on Discrimination
on the Basis of Disability in Health and Human Services Programs or
Activities
New
collection (Request for a new OMB Control Number)
No
Regular
09/21/2023
Requested
Previously Approved
36 Months From Approved
453,084
0
256,748
0
0
0
This Information Collection Request is
for a new collection of information as proposed in the Department
of Health and Human Services (HHS) Office for Civil Rights (OCR)
Notice of Proposed Rulemaking (NPRM) entitled Rulemaking on
Discrimination on the Basis of Disability in Health and Human
Services Programs or Activities (RIN: 0945-AA15). Section 504 of
the Rehabilitation Act (Section 504), 29 U.S.C. § 794, provides
that no otherwise qualified individual with a disability in the
United States, as defined in section 705(20) of this title, shall,
solely by reason of her or his disability, be excluded from the
participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal
financial assistance or under any program or activity conducted by
any Executive agency or by the United States Postal Service. The
Department is seeking PRA approval for the notice requirement at §
84.8, which is a covered third-party disclosure
requirement.
US Code:
29
USC 794 Name of Law: Rehabilitation Act, Section 504
The NPRM proposes requiring
each recipient to provide a notice of nondiscrimination to
employees, applicants, participants, beneficiaries, and other
interested persons. The NPRM requires the notice to be made
available in such manner as the head of the recipient or his or her
designee finds necessary to apprise such interested persons of the
protections against discrimination assured them by Section 504.
This requirement helps clearly inform individuals of their civil
rights under Section 504 while also providing recipients with
necessary flexibility for how they will provide the notice. The
Department believes this proposed requirement will help to reduce
barriers to access for individuals with disabilities while
providing certainty to recipients and consumers about what
recipients’ obligations are and what rights consumers have. The
Department notes that this proposed notice requirement contains
fewer specific steps that the notice requirement in the existing
Section 504 Regulation at 45 CFR 84.8, while extending to more
smaller recipients with less than fifteen employees. We believe
that advancements in technology, such as the use of websites by
recipients, will lower the notice costs for recipients and limit
burdens. Additionally, this notice requirement is almost exactly
the same as the requirement under Title II of the Americans with
Disabilities Act at 28 CFR 35.106, and some covered entities under
Title II are also recipients under Section 504.
$769
No
No
No
No
No
No
No
Clare Huerta 202 774-3045
clare.huerta@hhs.gov
No
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
2023_9_18_Section 504_Supporting Statement_ICR.docx
Notice Requirements of Proposed Section 504 Regulation 45 CFR 84.8 (Government Entities)