New HHS Update: Section 504 Mandates Digital Accessibility
Introduction
The Department of Health and Human Services (HHS) has issued a final rule updating Section 504 regulations to increase protections for individuals with disabilities. This guide summarizes the essential points of the new HHS web accessibility rule, focusing on digital accessibility requirements.
This new rule provides for much needed updates to Section 504, for entities covered by HHS, as it strengthens and clarifies existing regulations and addresses a modern shift that has moved more of health into the digital realm.
WCAG 2.1 AA Required
The headline for this new update is that conformance with the Web Content Accessibility Guidelines (WCAG) is now required. Entities covered by this rule must ensure their websites, web content, and mobile apps conform to WCAG 2.1 AA standards. Although this mandate may sound simple enough, especially given the distant deadlines, there will be many organizations who struggle to meet the compliance deadline date.
Depending on the size of the organization, compliance deadlines are set for either May 11, 2026, or May 10, 2027. This new rule basically incorporates the ADA Title II requirements, providing a consistent framework for compliance.
Key Components of the New Rule
As mentioned early, the new HHS rule covers much more than digital accessibility. It clarifies and updates several crucial areas:
- Medical Treatment: Decisions must not be based on biases or stereotypes about individuals with disabilities.
- Value Assessment Methods: Prohibits methods that discriminate against individuals with disabilities by placing a lower value on life-extension for these individuals.
- Child Welfare Programs: Includes detailed requirements to ensure nondiscrimination in services provided by child welfare agencies, such as parent-child visitation and reunification services.
- Web and Mobile Accessibility: Defines accessibility for websites and mobile applications, requiring conformance with WCAG 2.1 AA standards.
- Accessible Medical Equipment: Adopts standards for accessible medical diagnostic equipment, requiring at least one accessible examination table or weight scale within two years of the rule’s effective date.
- Integration: Clarifies the requirement for programs and activities to be administered in the most integrated setting appropriate for individuals with disabilities.
These updates are designed to ensure that people with disabilities have equal access to programs and services.
Entities That Must Comply with the New Rule
Entities receiving federal financial assistance from HHS must comply with the new rule. This includes many types of health adjacent entities including health care providers participating in CHIP and Medicaid programs, hospitals and nursing homes under Medicare Part A, medical, preventative, and mental health services under Medicare Part B, Medicare Advantage Plans under Medicare Part C, Prescription Drug Plan sponsors under Medicare Part D, human or social service agencies, and insurers participating in Marketplaces and receiving premium tax credits.
Content Exceptions
Just like with the new rule for Title II of the Americans with Disabilities Act (ADA), the new HHS rule carves out five content exceptions:
- archived web content
- preexisting conventional electronic documents
- content posted by a third party
- individualized password-protected documents
- preexisting social media posts
The use of conforming alternate versions is restricted, and minor nonconformance is permissible if it has a minimal impact on access.
These exceptions provide a great deal of relief for health entities working towards compliance with the new rule. In particular, the archived web content and preexisting electronic documents exceptions alone will save some companies millions of dollars.
Compliance Deadlines
Under §84.84, web content and mobile apps must be accessible to individuals with disabilities. Beginning May 11, 2026, entities with 15 or more employees must comply with WCAG 2.1 AA standards. For entities with fewer than 15 employees, the compliance deadline is May 10, 2027.
Undue Burdens
If compliance with the requirements results in fundamental alterations or undue financial and administrative burdens, compliance is required to the extent that it does not result in such burdens. The decision must be documented by the head of the entity, including reasons for the conclusion. Even in cases of noncompliance, actions must be taken to ensure that individuals with disabilities receive the benefits or services to the maximum extent possible.
Minimal Impact on Access
Entities not in full WCAG 2.1 AA conformance will be deemed compliant if the noncompliance has a minimal impact on access. So there is some flexibility in compliance so long as individuals with disabilities can access information, engage in interactions, conduct transactions, and benefit from programs and activities similarly to individuals without disabilities.
Summary
The new HHS update to Section 504 includes extensive requirements beyond digital accessibility. However, the web and mobile app accessibility requirements alone will go a long way to ensure individuals with disabilities have equal access to digital content and services.
