HHS flip-flops on disability lawsuit

by | Sep 7, 2026 | Health

HHS flip-flops on disability lawsuit

The United States experienced a significant reversal in overdose mortality trends during 2024, with deaths declining 27% compared to prior years marked by sustained increases. Preliminary data from 2025 indicates the downward trajectory has continued, though epidemiologists note the precise factors driving this shift remain uncertain. A Commonwealth Fund report examined potential contributing policies both domestically and internationally that may have played a role in preventing deaths, though questions persist about whether the trend will be sustained going forward.

A separate development involves the Justice Department’s decision to join a lawsuit against federal disability protections. Seventeen states originally filed suit in 2024 challenging the constitutionality of Section 504 of the Rehabilitation Act of 1973, which prohibits disability-based discrimination by entities receiving federal funding. The Justice Department announced it would join the effort on behalf of the Department of Health and Human Services, aligned with Texas, Florida, and Alaska. Louisiana and Montana, which had previously withdrawn, have rejoined the litigation. The lawsuit specifically seeks to eliminate references to community integration from implementing regulations. Legal experts indicate that prevailing case law would likely continue prioritizing community-based settings for disabled individuals over institutional placements even if the challenge succeeds, though such an outcome would represent a departure from decades of established legal precedent.

In related regulatory developments, the FDA has not yet provided comprehensive guidance regarding oversight of medical devices incorporating generative artificial intelligence. Four such devices were recently accepted into an agency pilot program permitting release without prior marketing authorization. Companies participating in the program are expected to gather performance data in clinical settings, report findings to regulators, and subsequently pursue traditional FDA review pathways. Industry observers are closely monitoring the initiative to understand regulatory interactions and assess implications for future decision-making processes.

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