HHS Final Rule on Strengthening Digital Accessibility
During the COVID-19 pandemic, the healthcare industry faced significant challenges, particularly regarding digital accessibility. The sudden shift to telehealth services left many high-risk individuals unable to access critical services due to inaccessible websites, vaccine registration systems, and non-compliant digital forms. In response to these ongoing issues, the Department of Health and Human Services (HHS) introduced a landmark final rule aimed at modernizing Section 504 of the Rehabilitation Act of 1973, enhancing digital accessibility across healthcare.
This new regulation outlines a transformative path for healthcare organizations, setting the stage for widespread improvements in accessibility. Below, we explore the key digital accessibility requirements and provide a timeline for achieving compliance with these updated rules.
Understanding the Final Rule
The push for a more inclusive healthcare environment gained traction with the Notice of Proposed Rulemaking in September 2023, which solicited public feedback to help shape the regulations.
This final rule seeks to ensure equitable access to healthcare services for people with disabilities, covering a broad range of areas beyond digital accessibility.
Key Aspects of the Final Rule
The scope of the HHS final rule is extensive, addressing various accessibility issues. The HHS Fact Sheet provides comprehensive details, but here’s a summary of some critical points:
- Medical Treatment: The rule mandates non-discriminatory medical care, ensuring treatment decisions are free from biases or stereotypes about disabilities.
- Value Assessments: The regulations prohibit discriminatory practices in value assessments for treatment options, ensuring equitable healthcare access for people with disabilities.
- Child Welfare Programs: The new rule enforces non-discrimination in child welfare services, ensuring fair treatment in areas such as family reunification and child placement.
- Accessible Medical Equipment: Within two years, healthcare facilities must ensure they provide accessible medical equipment to eliminate barriers faced by people with disabilities.
- Web and Mobile Accessibility: As healthcare increasingly relies on digital platforms, the rule requires healthcare websites and mobile apps to meet WCAG 2.1 AA standards, ensuring accessibility for all.
The complete final rule, including specific details on digital accessibility, is available in the Federal Register and spans 130 pages. Notably, the digital requirements are outlined towards the end of the document, on page 128.
Who Needs to Comply?
The new HHS regulations apply to healthcare providers across the United States, especially those receiving federal financial assistance. These organizations must ensure that their facilities, digital platforms, and services are accessible. Here are the types of organizations impacted:
- Hospitals: They must ensure both their physical and digital environments are accessible to patients with disabilities.
- Clinics and Health Centers: These facilities need to comply with the updated digital accessibility standards for their websites, appointment systems, and medical equipment.
- Long-term Care Facilities: Nursing homes and assisted living centers are required to provide accessible environments and digital tools for their residents.
- Mental Health Treatment Centers: These centers must ensure that telehealth services and digital resources meet accessibility requirements.
- Dental and Vision Providers: These providers are also required to make their digital platforms and patient portals accessible.
- Educational Institutions: Schools providing healthcare training or receiving federal health funding must ensure that their digital and physical environments are accessible.
- Telehealth Providers: With telehealth being an essential part of healthcare, ensuring accessibility in telehealth services, apps, and websites is crucial.
- Insurance Companies: Insurance companies involved in federal programs must ensure their digital assets, including websites and PDFs, are fully accessible.
Timeline for Compliance
Healthcare organizations must adhere to a defined timeline for compliance. The countdown begins as follows:
- May 9, 2024: The final rule is officially published, starting the compliance clock.
- July 8, 2024: The regulations come into effect, giving healthcare providers a 60-day window to begin preparing.
- May 11, 2026: Organizations with 15 or more employees must ensure their websites and mobile platforms comply with WCAG 2.1 AA standards by this date.
- May 10, 2027: Smaller organizations, with fewer than 15 employees, have an additional year to meet the same standards.
While these deadlines may seem far off, the complexity of achieving full compliance with WCAG 2.1 AA means healthcare providers must act immediately to avoid rushed implementations.
Digital Compliance: What’s Required?
Healthcare organizations must ensure that their digital platforms, including websites, mobile apps, and digital documents, are accessible under the new HHS regulations. Specific areas that need attention include:
- Web Content: Websites must meet WCAG 2.1 AA standards, covering aspects like text alternatives for images, accessible menus, and user-friendly patient portals.
- Digital Documents: PDFs and other digital documents must be accessible, ensuring that medical records and forms are available to everyone.
- Mobile Apps: Mobile healthcare apps must be designed with accessibility in mind, ensuring they are easy to use for all individuals.
While WCAG 2.1 AA is the current standard, organizations are encouraged to aim for WCAG 2.2 AA compliance, particularly when developing new digital tools.
Procurement and Third-Party Solutions
Healthcare organizations must also ensure that third-party software and digital services comply with accessibility standards. Key considerations include:
- Third-Party Content: Accessibility requirements apply to content created by third-party vendors, including telehealth solutions, appointment scheduling apps, and patient portals.
- Telehealth Platforms: Providers must verify that their telehealth vendors offer accessible platforms for remote healthcare services.
- Procurement Cycles: Given that procurement cycles often take 6-12 months, organizations must begin accessibility checks during vendor evaluations to ensure compliance before the deadlines.
AccessiTREE: Your Partner in HHS Compliance
Navigating the complexities of the new HHS accessibility regulations can be overwhelming. AccessiTREE is here to help. With our expertise in digital accessibility and document conformance, we can guide your organization on the path to compliance. Our suite of tools and services ensures that your healthcare organization meets the necessary standards efficiently.
Building Your Path to Compliance
The HHS final rule is a significant milestone in creating a more inclusive healthcare system. By complying with the outlined accessibility requirements, healthcare organizations can not only meet regulatory demands but also foster a more equitable environment for all patients.
To start your journey toward compliance, contact the team at AccessiTREE today!
