To promote access to healthcare for individuals with disabilities, in May of 2024 the Department of Health and Human Services (HHS), through its Office for Civil Rights (OCR), made a number of updates in the Section 504 of the Rehabilitation Act of 1973 Final Rule (Rule). Importantly, HHS applies extensive and highly technical digital accessibility standards to all facilities, programs, and activities that receive federal funds or financial assistance, or that are conducted by a federal agency, thus impacting a wide range of healthcare entities. This includes all health facilities that accept Medicare and/or Medicaid.
Specifically, the rule imposes additional accessibility requirements and digital accessibility standards for kiosks, web content and mobile apps. Though kiosk accessibility requirement have been in effect since the final rule was published in 2024, by May 11, 2026, larger healthcare entities (15 or more employees) should ensure that the web content and mobile apps the entity uses or makes available, directly or through contractual, licensing, or other arrangements, comply with Level A and Level AA success criteria and conformance requirements specified in Web Content Accessibility Guidelines (WCAG) 2.1. We expand on these requirements below.
Kiosk Accessibility
The rule imposes accessibility requirements for healthcare programs and activities provided through kiosks. These requirements have been in effect since the Final Rule was published in 2024, however, we have summarized them below.
The rule defines kiosks as self-service transaction machines designed for independent use by patients or program participants. Common examples include devices patients use on their own to check in, access services, or record vital signs.
To comply with the requirements, healthcare facilities must ensure that qualified individuals with disabilities are not excluded from participation in or denied the benefits of any program or activity provided through kiosks. For example, a recipient with insufficiently accessible kiosks may be required to allow people with disabilities to go directly to the personnel at the main desk to register for necessary services.
In summary, healthcare facilities must either use kiosks that are accessible to individuals with disabilities or implement alternative procedures that afford individuals with disabilities the same level of access, confidentiality, and convenience as those who use a kiosk.
Web Content and Mobile App Technical Standards
Some people with disabilities have difficulty interacting with and understanding some web content and mobile apps. Section 504 adopts accessibility standards that make web content and mobile apps more perceivable, operable, understandable, and robust.
By May 11, 2026, healthcare companies must ensure that their web content and mobile apps, including those operated by third parties on the company’s behalf, comply with the specific technical standards (success criteria) of the Web Content Accessibility Guidelines 2.1 levels A and AA (WCAG 2.1 AA), the internationally recognized private standard. Third-party tools, such as appointment schedulers, patient registration platforms, bill pay portals, and telehealth platforms must also comply with these requirements.
In short, Level A covers the most basic accessibility needs so users can access content at all. It includes requirements like providing text alternatives for images, ensuring content is usable with a keyboard, etc. Level AA builds on Level A with more rigorous requirements for broader accessibility. It addresses the most common barriers for users with disabilities, including requirements such as sufficient color contrast, resizable text, etc.
Guidelines listed in the WCAG provide the framework and overall objectives to make content more accessible, while the success criteria provide users with testable statements to ensure requirements are met. Success criteria are organized by four principles that provide the foundation for web accessibility: perceivable, operable, understandable, or robust. A full listing and guidance on success criteria that must be met for WCAG 2.1 can be found here.
Section 504 contains five specific exceptions from compliance with the technical standards. These are archived web content, preexisting conventional electronic documents, content posted by a third party, conventional electronic documents, and preexisting social media posts. However, if there is a specific request from an individual with a disability, the recipient may still have to provide that web content or content in mobile apps to the individual in an accessible format.
Compliance and Best Practices
Failure to comply with the rule may result in serious penalties such as loss of federal funding, litigation risk, or compliance through the US Department of Justice using any other legally authorized means.
Section 504 allows nonconformance with WCAG 2.1 AA in very limited circumstances. The rule notes that “such nonconformance is allowable only when the recipient can demonstrate that the nonconformance has such a minimal impact on access that it would not affect the ability of people with disabilities to use the recipient’s web content or mobile app.”
Healthcare companies can and should immediately take steps to ensure full compliance, including but not limited to:
- Conducting an accessibility audit and identifying any noncompliance with WCAG 2.1 AA standards across the company’s website, mobile apps, and patient portals;
- Reviewing and/or developing policy outlining accessibility practices;
- Collaborating with internal/external technical teams to implement accessibility features and make any required changes;
- Training personnel on accessibility requirements and WCAG standards;
- Assessing and frequently reevaluating digital and kiosk accessibility practices; and
- Ensuring that appropriate contractual arrangements are in place with vendors and that they are aware of the rule’s accessibility standards.
Reach out to Advis today to discuss the potential impacts of the above rule. As seasoned consultants on healthcare regulatory compliance and impacts, Advis can assist in policy/procedure review and updating, and recommendations for implementation of best practices to ensure compliance.
Published February 5, 2026
