Guidance on the 2010 ADA Standards for Accessible Design

Subpart D - Title III Regulation and specialized equipment. While the The Department has decided to require Access Board did not establish specific medical care facilities to disperse their design requirements for dispersion in the accessible sleeping rooms in a manner that 2004 ADAAG, in response to extensive is proportionate by type of medical specialty. comments in support of dispersion it added This does not require exact mathematical an advisory note, Advisory 223.1 General, proportionality, which at times would be encouraging dispersion of accessible impossible. However, it does require that rooms within the facility so that accessible medical care facilities disperse their acces- rooms are more likely to be proximate to sible rooms by medical specialty so that appropriate qualified staff and resources. persons with disabilities can, to the extent practical, stay in an accessible room within In the NPRM, the Department sought the wing or ward that is appropriate for their additional comment on the issue, asking medical needs. The language used in this whether it should require medical care rule (“in a manner that is proportionate by facilities, such as hospitals, to disperse type of medical specialty’’) is more specific their accessible sleeping rooms, and if than that used in the NPRM (“in a manner so, by what method (by specialty area, that enables patients with disabilities to have floor, or other criteria). All of the comments access to appropriate specialty services’’) the Department received on this issue and adopts the concept of proportionality supported dispersing accessible sleep- proposed by the commenters. Accessible ing rooms proportionally by specialty area. rooms should be dispersed throughout all These comments from individuals, orga- medical specialties, such as obstetrics, nizations, and a building code associa- orthopedics, pediatrics, and cardiac care. tion, argued that it would not be difficult for hospitals to disperse rooms by specialty area, given the high level of regulation to which hospitals are subject and the plan- ning that hospitals do based on utiliza- tion trends. Further, comments suggest that without a requirement, it is unlikely that hospitals would disperse the rooms. In addition, concentrating accessible rooms in one area perpetuates segrega- tion of individuals with disabilities, which is counter to the purpose of the ADA. Department of Justice Guidance on 2010 Standards: Title III - 67