Section 504 Compliance

From schools and universities to healthcare facilities, federally funded organizations in the U.S. are required by law to ensure digital accessibility. This requirement is set by Section 504 of the U.S. Rehabilitation Act of 1973, which prohibits any organization that receives federal government funding from discriminating on the basis of disability. Specifically, Section 504 mandates that individuals with disabilities are given an equal opportunity to access program benefits or services, including websites and digital content.

In May 2024, the U.S. Department of Health and Human Services (HHS) published a new rule under Section 504 outlining many protections for people with disabilities in healthcare settings. These include technical digital accessibility requirements for federally funded healthcare and social services organizations—such as hospitals, healthcare providers participating in Medicare and Medicaid, and assisted living facilities.

The updated regulation mandates that a wide range of web, mobile, and other digital experiences are accessible to people with disabilities. Specifically, the rule applies to the following types of experiences:

• Patient portals delivering lab results and health records
• Electronic Health Records (EHR) systems, including user interfaces and documents
• Documents used to apply for, gain access to, or participate in programs
• Online forms for registration, appointment scheduling, and other transactions
• Kiosks providing services and information (although technical requirements are not specified)
• Email communication, including attachments
• Patient communication platforms, such as chat and messaging services
• Online payment systems
• Digital brochures, guides, and other educational materials
• Telehealth systems
• New social media posts
• Internal systems used by employees, like human resources portals

Covered organizations with 15 or more employees must comply with the law’s requirements by May of 2026, and those with fewer than 15 employees must comply by May of 2027. Non-compliant organizations may be subject to an investigation by the HHS’s Office for Civil Rights (OCR), and face sanctions and penalties, including the loss of federal funding.

To learn more about the new Section 504 regulations, including the law’s requirements and consequences of non-compliance, access our Info Sheet.  

While the recent revisions to Section 504 focus on health and human services, all federally funded organizations are obligated to ensure digital accessibility under the law. In fact, Section508.gov confirms compliance requirements include accessible digital assets: “Section 504 prohibits discrimination based on disability by federal agencies and recipients of federal assistance. In this instance, accessibility applies to facilities, and communications such as websites. So, if your organization receives federal funding or assistance, your website is required to be accessible. You may also want to consult your funding agencies to determine the requirement to make your websites and other communications accessible. When in doubt, design for accessibility.”

Conformance with the Web Content Accessibility Guidelines (WCAG) establishes the baseline for Section 504 compliance. WCAG is a set of technical guidelines that make digital content accessible for individuals with disabilities. These standards suggest a site should be perceivable, operable, understandable, and robust for every user of every ability. Updates to WCAG are reflected in the version number. For example, the first release was WCAG 1.0. Subsequent releases include 2.0, 2.1, and 2.2. There are also three levels of WCAG conformance: A, AA, and AAA, with A representing minimum conformance and AAA representing maximum.

The HHS’s new rule requires that healthcare and social services organizations conform with WCAG 2.1 AA, at minimum, to comply with Section 504. However, you may want to consider conformance with WCAG 2.2 AA, which reflects updated standards for authentication and redundant entry. Not only will you still meet the requirements of WCAG 2.1, but you’ll also provide a better experience for every user and remain in compliance if requirements are updated.

A third-party accessibility expert can help you evaluate your level of conformance with WCAG, identify and prioritize issues, and implement tools and processes needed for lasting compliance. Level Access has extensive experience helping federally funded organizations meet the accessibility requirements of Section 504. Our holistic approach combines advanced software with the market’s deepest bench of expertise, equipping teams with the technology, training, and support needed to achieve compliance for websites, apps, and other digital products.