New rules mandating greater disability access in healthcare are about to take effect, but recent actions suggest that federal officials may be mulling a delay.
A 2024 regulation from the U.S. Department of Health and Human Services updated Section 504 of the Rehabilitation Act to bar disability discrimination in healthcare. The rule said that people with disabilities should not be denied medical treatments due to biases or stereotypes, established standards for accessible medical diagnostic equipment and more.
Starting this month, provisions detailing what providers need to do to ensure that their websites and mobile applications are accessible to people with disabilities are supposed to begin taking effect.
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The standards apply to most new web content, mobile apps and medical kiosks offered by hospitals, doctors, social services providers and others who receive funding from HHS.
“HHS issued these new requirements because many recipients offer their services through websites and mobile applications that are not accessible to persons with disabilities, creating barriers to participation in federally funded programs,” HHS said in a fact sheet about the regulation. Examples of barriers include pictures and maps that can’t be understood by those using screen readers or videos that lack captioning, the fact sheet said.
“Accessibility requirements for web and mobile apps will help ensure that people with disabilities have access to a recipient’s programs and activities,” the agency said.
Per the regulation, large providers — those with 15 or more employees — must meet the new web accessibility requirements by May 11, while smaller entities have another year to come into compliance.
It’s unclear how prepared healthcare providers are to meet the new expectations. A recent review of 300 websites subject to the new 504 rule that was conducted by accessiBe, which provides web accessibility software, found that 84.3% had “measurable accessibility gaps.”
However, there are now signs that this deadline could be moved back. Last month, the Department of Justice delayed implementation of a similar rule just days before the planned deadline. That regulation, under the Americans with Disabilities Act, requires that online offerings from state and local governments meet certain accessibility standards.
Around that same time, HHS sent an interim final rule to the White House Office of Management and Budget regarding the 504 regulation.
“We understand that it is a similar extension to the DOJ Title II regulations on web accessibility,” said Alison Barkoff, a health law and policy professor at George Washington University who led HHS’ Administration on Community Living under the Biden administration. “The delay of these website accessibility standards under both the Section 504 and DOJ regulations is very concerning, particularly with the significant role that digital technology plays in so many aspects of life.”
