Under a recent update to U.S. Department of Health and Human (HHS) rules, health care professionals and facilities that receive HHS funding must ensure that all their patient-facing technology — websites, web content, kiosks, and mobile apps — is compliant with the Americans with Disabilities Act (ADA). ¹

After recognizing that many HHS funding recipients were unlikely to meet an original May 11, 2026 deadline, HHS extended the deadline to May 16, 2027 for health care organizations with more than 15 employees. Organizations with fewer than 15 employees have until May 10, 2028 to comply. ²

The rule requires that recommendations found in the Web Content Accessibility Guidelines (WCAG) 2.1 become standard practice. ³ These compliance measures can include:

• providing alt text or descriptions for website images and graphics;
• adding accurate captions to videos for individuals who are deaf or hard of hearing;
• incorporating multiple navigation options, clear visual layouts, and sufficient color contrast between text and backgrounds;
• all website functions — scheduling, portal login, payment interfaces — must also be operable by keyboard and not rely on the use of a mouse;
• offering non-visual digital maps for blind patients using screen readers; and
• using a telehealth platform that can offer a sign-language interpreter on a video call. ²

HHS states that these compliance measures are “necessary” to help disabled patients “avoid discrimination, health disparities, and poor outcomes. [Funding] recipients are increasingly using technology as part of their programs and activities, and unless that technology is accessible, people with disabilities will be left behind … Web content, mobile apps, and kiosks already play a large role in the health and human services programs and activities offered by recipients, and that role will likely continue to grow in the future. This rulemaking is necessary given these realities.” ⁴

These requirements were put into place after an HHS review found “severe consequences” exist when patient-facing technologies are not designed with accessibility in mind, including “barriers to necessary health care, poor health outcomes, and even death for people with disability.” ⁴

The rule's accessibility requirements extend beyond a provider’s main website and mobile apps to include applications operated by third parties on a provider's behalf (such as an EHR vendor), as well as patient portals, appointment schedulers, bill pay portals, and telehealth platforms. “Widgets and iframes that pull in third-party functionality inherit the accessibility limitations of that third-party system. If those tools are used to access program services, they are in scope.” ^{5, 6}

Self-service kiosks — used by patients to check in to appointments, record vital signs, or access other services — must also be fully accessible. Where kiosk accessibility cannot be achieved, providers must offer an alternative service that affords patients with disabilities the same level of access, confidentiality, and convenience. For example, if a patient is unable to interact with a self-service kiosk, they should be able to go directly to staff at the main desk for help or service. ^{5, 7}

Notably, these rules may be waived for entities that can demonstrate the changes would fundamentally alter their operations or impose significant hardship. Failure to comply may result in investigation by the Office for Civil Rights (OCR), potential loss of HHS funding, and increased legal risk. ⁵

Five types of content are exempt from these requirements, including:

• archived web content retained exclusively for reference or recordkeeping, stored in a clearly identified archive;
• pre-existing conventional electronic documents such as PDFs or Word docs, not currently being used;
• content posted by a third party (unless posted on behalf of the provider under a contractual or licensing arrangement);
• individualized password-protected documents; and
• pre-existing social media posts; all social media content published after the deadline must be accessible. ^{5, 7}
  
  

Risk management considerations

Consider the following best practice to help your organization meet these new accessibility requirements. ^{5, 7}

• Develop a detailed, step-by-step plan to meet full compliance by the appropriate deadline.
• Budget for appropriate resources to help you meet compliance standards.
• Assign staff members or appoint an individual to oversee compliance efforts, respond to accommodation requests, and serve as a liaison with the OCR, if needed.
• Conduct a baseline accessibility audit of your website, web content, patient portals, mobile apps, and kiosks to help you identify any issues.
• Regularly test your website functionality using online accessibility scanners, such as accessiBE or PowerMapper. These tools can quickly scan your website to look for accessibility gaps, such as missing alt text for images or unlabeled navigation buttons.
• Combine scanning tools with manual testing focused on the most common “touch points” for patients: portal login, appointment scheduling, telehealth access, billing, and benefit applications. Test against real assistive technologies such as screen readers, keyboard-only navigation, and voice control. ⁶‍
• Solicit feedback from patients with disabilities to understand any difficulties they may have when making appointments or accessing your patient portal. Find and incorporate solutions to correct any issues.
• Collaborate with internal and/or external technical teams to add accessibility features and make required changes, as needed.
• Ensure that contracts using clear, appropriate language and direction are in place with vendors; confirm that they are aware and acknowledge your accessibility standards.
• Include accessibility standards in your practice’s policies and procedures. “Although Section 504 does not require policies, OCR will review policies and procedures in its investigation of alleged noncompliance.” ⁸‍
• Make compliance an active, ongoing component of your practice, as new tools, technologies, and online content create new risks.
• Document all compliance efforts, including regular audits, solutions adopted, and vendor communications, to help demonstrate “good faith” and defend against any claims of noncompliance.

Sources

1. US Department of Health and Human Services. Civil Rights. Section 504 of the Rehabilitation Act of 1973. Last content reviewed January 7, 2025. Available at https://www.hhs.gov/civil-rights/for-individuals/disability/section-504-rehabilitation-act-of-1973/index.html. Accessed July 15, 2026.
2. Pierce A. Update: HHS delays first-time digital accessibility standards for patients with disabilities. Texas Medical Association. May 11, 2026. Available at https://www.texmed.org/Template.aspx?id=67217&utm_campaign=TMT&utm_medium=email&_hsenc=p2ANqtz--2WLkCe7WFYgWoXygpYoVvPLK8GG9XhnKjDBqrqOlMKtJDIFHiGIStK_0vR56jw7CqkHWrJFtnLydg6c36isUEcE4UEQ&_hsmi=403048415&utm_content=403048415&utm_source=hs_email. Accessed July 15, 2026.
3. Rivenburgh K. New HHS rule summary: Web and Mobile App Accessibility (WCAG 2.1 AA) required. Accessible.org. May 20, 2024. Available at https://accessible.org/hhs-web-accessibility-wcag-21-aa/#who-is-covered-by-the-new-hhs-rule. Accessed July 15, 2026.
4. Nondiscrimination on the basis of disability in programs or activities receiving federal financial assistance. A rule by the Health and Human Services on 05/09/2024. Federal Register: The Daily Journal of the United States Government. Available at https://www.federalregister.gov/documents/2024/05/09/2024-09237/nondiscrimination-on-the-basis-of-disability-in-programs-or-activities-receiving-federal-financial. Accessed July 15, 2026.
5. White J. DiVarco SM. Kelley A. May 2026 deadline: HHS imposes accessibility standards for healthcare company websites, mobile apps, kiosks. McDermott Will & Schulte. January 8, 2026. Available at https://www.mwe.com/insights/may-2026-deadline-hhs-imposes-accessibility-standards-for-healthcare-company-websites-mobile-apps-kiosks/. Accessed July 15, 2026.
6. TestPros. HHS Section 504 digital accessibility rule is in effect. What to do if you’re not compliant. February 13, 2026. Available at https://testpros.com/compliance/hhs-section-504-digital-accessibility-rule/. Accessed July 15, 2026.
7. U.S. Department of Health and Human Services. Section 504 of the Rehabilitation Act of 1973 Final Rule: Section by section fact sheet for recipients of financial assistance from HHS. Last reviewed August 5, 2024. Available at https://www.hhs.gov/civil-rights/for-individuals/disability/section-504-rehabilitation-act-of-1973/ocr-detailed-504-fact-sheet/index.html. Accessed July 15, 2026.
8. Pitman BN, Hartsfield SB, Walz CN. Are your digital front door and virtual health services accessible? Holland & Knight. April 10, 2026. Available at https://www.hklaw.com/en/insights/publications/2026/04/are-your-digital-front-door-and-virtual-health-services-accessible. Accessed July 15, 2026.