The countdown is on for compliance with the web and mobile accessibility requirements outlined in 45 CFR 84.84. Below are answers to five frequently asked questions from health centers as they prepare for these new requirements.
The Final Rule was published on May 4, 2024, with an effective date of July 8, 2024. The compliance dates for the web, mobile, and kiosk accessibility vary based upon the size of the organization:
2. What are the new accessibility requirements?
Under the new rules, recipients of federal funds must ensure that their web content and mobile apps are accessible and comply with Level A and Level AA success criteria as specified in WCAG 2.1. This also extends to any web content or mobile apps made available through contractual, licensing, or other arrangements.
While the regulation applies broadly, there are some exceptions. The most relevant exceptions for health centers include:
These types of content may not need to comply with the accessibility standards, but health centers should assess and address other critical content.
If achieving compliance would result in undue financial and administrative burdens, a health center is not required to comply immediately. The health center must demonstrate that compliance would be an undue burden, taking into consideration factors such as:
Health centers should start by conducting a comprehensive audit of their website and mobile apps to test for visual, auditory, and cognitive accessibility issues.
Join us for our webinar, "Website-Related Compliance Risks: Accessibility, Tracking Technologies, and Notices," live this Thursday or on demand.
1. When were these new accessibility requirements issued?
The Final Rule was published on May 4, 2024, with an effective date of July 8, 2024. The compliance dates for the web, mobile, and kiosk accessibility vary based upon the size of the organization:
- May 16, 2026: Recipients of federal funds with 15 or more employees
- May 10, 2027: Recipients of federal funds with fewer than 15 employees
2. What are the new accessibility requirements?
Under the new rules, recipients of federal funds must ensure that their web content and mobile apps are accessible and comply with Level A and Level AA success criteria as specified in WCAG 2.1. This also extends to any web content or mobile apps made available through contractual, licensing, or other arrangements.
3. Does this apply to everything on our health center’s website?
While the regulation applies broadly, there are some exceptions. The most relevant exceptions for health centers include:
- Archived web content
- Preexisting conventional electronic documents
- Content posted by a third party
- Preexisting social media posts
These types of content may not need to comply with the accessibility standards, but health centers should assess and address other critical content.
4. We don’t have the budget to update our website. What can we do?
If achieving compliance would result in undue financial and administrative burdens, a health center is not required to comply immediately. The health center must demonstrate that compliance would be an undue burden, taking into consideration factors such as:
- Resources available for the funding and operation of the program or activity
- Costs associated with making the materials accessible
- Potential increases in the budget over time
- Changes in technology that could reduce the costs of accessibility compliance
5. What can we do to come into compliance?
Health centers should start by conducting a comprehensive audit of their website and mobile apps to test for visual, auditory, and cognitive accessibility issues.
- Identify any content that falls under an exception
- Address accessibility barriers focusing first on key content and documents that are currently used by patients (e.g., service descriptions, site locations, new patient information, patient rights and responsibilities)
- Document costs of accessibility compliance
Join us for our webinar, "Website-Related Compliance Risks: Accessibility, Tracking Technologies, and Notices," live this Thursday or on demand.
For more information, please contact:
Dianne Pledgie
dianne.pledgie@powerslaw.com
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