See the latest Client Alert from May 11, 2026, here.

Community health centers, Head Start agencies, and other recipients of U.S. Department of Health and Human Services (HHS) federal financial assistance should take note of two important upcoming compliance deadlines under new federal digital accessibility requirements:

• May 11, 2026 – for recipients with 15 or more employees
• May 10, 2027 – for recipients with fewer than 15 employees

By these deadlines, covered entities must ensure that digital tools such as websites, mobile applications, and certain self-service kiosks are accessible to individuals with disabilities.   

Background

On July 8, 2024, HHS issued a final rule entitled “Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance” to protect the civil rights of individuals with disabilities under Section 504 of the Rehabilitation Act of 1973. The rule strengthens protections for individuals with disabilities and establishes new technical accessibility requirements for recipients of HHS federal financial assistance.

This rule applies broadly to recipients of federal financial assistance (meaning federal grant funding, such as Section 330 Public Health Service Act funding to community health centers and Head Start agencies) as well as any health care provider that accepts federal funds in the form of Medicaid, Medicare, and TriCare. 

What The Rule Requires

Subject to limited exceptions, recipients must ensure that their digital content meets a generally recognized standard known as Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, the nationally recognized accessibility benchmark incorporated into the rule.

This requirement applies to:

• Public-facing websites and web content
• Mobile applications
• Certain social media content
• Digital patient-facing tools such as self-service kiosks, registration terminals, and insurance card scanners

WCAG 2.1 Level AA includes standards designed to make digital content accessible to people with visual, auditory, motor, and cognitive disabilities.

Steps Organizations Should Take Now 

1. Determine your Compliance Deadline. 

Assess whether your organization falls into the 2026 or 2027 compliance category based on employee count.

2. Inventory of Covered Digital Content. 

Conduct an inventory of covered web content, including content provided or made available through contracts or other arrangements with third parties. Consider the following: 

• Does your website contain images, maps, or graphics that are inaccessible to screen readers?
• Are videos captioned for individuals who are deaf or hard of hearing?
• Is social media content accessible?
• Do patients or clients interact with kiosks or other digital interfaces onsite?
• Are they required to register through a kiosk? Scan their insurance cards? 

3. Review Vendor and Contractual Arrangements. 

Determine whether your organization will need to make changes to be WCAG 2.1 Level AA-compliant or whether that level of compliance will be addressed through vendor/contractual arrangements with third-party service providers. Organizations should ask: 

• Do vendor agreements need to be amended to meet the WCAG 2.1 Level AA obligations? 
• If compliance has been delegated to a third party, who internally will monitor and verify performance?

4. Assess Whether Any Exceptions Apply.  

The final rule provides limited exceptions in certain circumstances. If your organization intends to rely on an exception, document the basis for that determination and retain records supporting the analysis.

Remember: Existing Disability Access Obligations Still Apply 

Keep in mind that while these accessibility requirements are new, Section 504 of the Rehabilitation Act and Section 1557 of the Affordable Care Act remain in place.  Covered entities are still required to provide individuals with disabilities with effective communication and auxiliary aids, reasonable modifications where necessary to avoid discrimination, and an equal opportunity to participate in your organization’s programs and activities. Organizations should begin assessing compliance now to avoid delays, contractual complications, and potential enforcement risks as the deadlines approach.

If you have questions about how your organization can prepare for this rule, please contact Kathy Ghiladi.