At last year’s Washington Days, more than 50 BD SUMHAC advocates met with members of Congress, successfully securing congressional support that led to the inclusion of important language in a new rule under Section 504 of the Rehabilitation Act of 1973. The rule states, among other things, that medical programs — including mental health and substance use treatment facilities — that receive federal funds cannot discriminate against people with disabilities. It further clarifies that facilities cannot deny services based solely on a diagnosis; instead, they must conduct an individualized assessment to determine whether they can accommodate a person’s specific needs.
This was an important victory for our community, as it means facilities can no longer deny access simply because someone has a bleeding disorder diagnosis.
Unfortunately, the Attorneys General of 17 states — Texas, Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Utah, and West Virginia — have filed a lawsuit (Texas v. Kennedy) challenging the update to the Section 504 regulations. While the complaint has narrowed since originally filed, the lawsuit challenges the entire update, including the protections we fought for and won. The parties’ next filing is due on July 21, 2025.
If you live in any of the 17 states, please contact your state’s Attorney General and urge them to withdraw from the case. You can read more about the lawsuit here.
Remember, advocacy makes a difference!