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Healthcare Website Accessibility: The May 2026 HHS Deadline That Could Cut Your Federal Funding
On May 11, 2026, every healthcare provider that accepts Medicare, Medicaid, or CHIP must have websites, mobile apps, and patient kiosks that meet WCAG 2.1 Level AA. The penalty isn't a fine — it's the loss of federal funding. Most providers still don't know this deadline exists.
Table of Contents
The Deadline Nobody's Talking About
On May 9, 2024, the U.S. Department of Health and Human Services (HHS), through its Office for Civil Rights (OCR), published a final rule updating Section 504 of the Rehabilitation Act. For the first time, this rule establishes mandatory digital accessibility standards for healthcare providers.
The rule creates two staggered deadlines:
| Deadline | Organization Size | Requirement |
|---|---|---|
| May 11, 2026 | 15+ employees | WCAG 2.1 Level AA for all patient-facing web content, mobile apps, and kiosks |
| May 10, 2027 | Fewer than 15 employees | Same WCAG 2.1 Level AA requirements |
This isn't an extension of existing guidelines or a best-practice suggestion. It's a binding federal regulation with the most severe enforcement mechanism available: loss of federal financial assistance. For most healthcare providers, that means losing Medicare and Medicaid reimbursements — the financial lifeline of American healthcare.
And here's what makes this deadline particularly dangerous: it arrives just 17 days after the April 24, 2026 ADA Title II deadline. Public hospitals and government-funded health facilities may be subject to both deadlines simultaneously.
Three Laws, One Deadline: The Legal Framework
Healthcare digital accessibility sits at the intersection of three overlapping federal laws. Each carries its own triggers, enforcement bodies, and penalties. Most healthcare providers are aware of one. Almost none understand how all three apply simultaneously.
ADA Title III — Public Accommodation
The Americans with Disabilities Act prohibits discrimination against individuals with disabilities in places of public accommodation. The DOJ has consistently interpreted this to include websites operated by businesses serving the public — and healthcare providers clearly qualify.
- •Enforced through: Private lawsuits from patients
- •Standard: Courts reference WCAG 2.1 AA (no statutory mandate yet)
- •Penalties: Injunctive relief, attorney's fees, monetary settlements
- •Key fact: Applies regardless of whether you receive federal funding
In 2025, 8,667 ADA accessibility lawsuits were filed — and healthcare is a top-5 target industry.
Section 504 — Federal Funding Recipients ⚠️ THE MAY 2026 DEADLINE
Section 504 of the Rehabilitation Act prohibits disability discrimination by any program receiving federal financial assistance. The HHS OCR final rule published May 9, 2024 updated Section 504 to include specific digital accessibility mandates for the first time.
- •Enforced by: HHS Office for Civil Rights (government enforcement)
- •Standard: Explicit WCAG 2.1 Level AA requirement (binding)
- •Penalty: Loss of federal funding — Medicare/Medicaid reimbursements terminated
- •Scope: Websites, mobile apps, patient portals, kiosks
Section 1557 — Affordable Care Act
Section 1557 is the healthcare-specific civil rights provision of the ACA. It prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in health programs receiving federal financial assistance. For digital accessibility, it adds a critical dimension: language access requirements alongside disability accessibility.
- •Enforced by: HHS OCR + private right of action
- •Adds: Language accessibility + disability accessibility
- •Penalties: Loss of funding + compensatory damages
| Factor | ADA Title III | Section 504 | Section 1557 |
|---|---|---|---|
| Applies to | All public-facing businesses | Federal funding recipients | Health programs w/ federal funding |
| Technical standard | WCAG 2.1 AA (court-referenced) | WCAG 2.1 AA (mandatory) | References Section 504 standards |
| Enforcement | Private lawsuits | HHS OCR + DOJ referral | HHS OCR + private lawsuits |
| Primary penalty | Settlement + attorney fees | Loss of federal funding | Loss of funding + damages |
| Deadline | No specific deadline | May 11, 2026 | Ongoing enforcement |
| Federal funding needed? | No | Yes | Yes |
⚡ Bottom line: Most healthcare providers are subject to all three laws simultaneously. Even if Section 504 somehow didn't apply to you, ADA Title III still exposes you to patient lawsuits with no deadline and no funding requirement.
Who Must Comply (It's More Than You Think)
"Federal financial assistance" casts a far wider net than most providers realize. If your organization accepts Medicare, Medicaid, or CHIP payments in any form, you're covered by Section 504. That includes the vast majority of healthcare providers in the United States.
Hospitals & Health Systems
Virtually all hospitals accept Medicare/Medicaid. Multi-site systems face the largest remediation scope.
Physician Practices
Any practice accepting Medicare or Medicaid patients — including through state-administered programs.
Behavioral Health Providers
Mental health clinics, substance abuse treatment centers, and psychiatric facilities receiving Medicaid.
Dental Practices
Practices accepting Medicaid dental benefits (all states offer children's dental Medicaid).
Long-Term Care Facilities
Nursing homes, assisted living facilities, and home health agencies — heavily Medicaid-dependent.
Pharmacies
Chain and independent pharmacies participating in Medicare Part D or Medicaid prescription programs.
Labs & Diagnostic Centers
Clinical laboratories, imaging centers, and diagnostic facilities billing Medicare/Medicaid.
Academic Medical Centers
Teaching hospitals and university health systems — subject to BOTH Section 504 and ADA Title II.
🚨 Common misconception: "We're a private practice — Section 504 doesn't apply to us." Wrong. Even private practices that receive indirect federal funding through state-administered Medicaid programs are covered. If any of your patients have Medicare or Medicaid, you're almost certainly subject to this rule.
What Exactly Must Be Accessible
The HHS rule explicitly covers three categories of patient-facing digital technology. This goes well beyond your main website.
🌐 Websites
All patient-facing web content must be WCAG 2.1 AA compliant, including:
📱 Mobile Applications
Every mobile app used by patients must be accessible:
🖥️ Self-Service Kiosks
Physical kiosks in healthcare facilities must also meet accessibility standards:
WCAG 2.1 AA: The 50 Criteria Healthcare Websites Must Meet
WCAG 2.1 Level AA includes 50 success criteria organized under four principles known as POUR. Healthcare providers may also comply using WCAG 2.2 AA or AAA, which meet or exceed the requirements.
Perceivable
13 criteria- •Alt text for medical images and diagrams
- •Captions for telehealth video content
- •Sufficient color contrast (4.5:1 minimum)
- •Content resizable to 200% without loss
Operable
16 criteria- •Keyboard navigation for all appointment booking
- •No time limits on patient form submissions
- •Skip navigation on complex portal pages
- •Focus indicators visible on all interactive elements
Understandable
8 criteria- •Clear error messages on patient forms
- •Consistent navigation across portal pages
- •Language of page identified in HTML
- •Input assistance for medical form fields
Robust
3 criteria- •Valid HTML for screen reader compatibility
- •Name, role, value for custom components
- •Status messages accessible to assistive tech
For a complete breakdown of every WCAG criterion and how to test for it, see our WCAG Compliance Guide and ADA Compliance Checklist.
The Enforcement Reality: What Non-Compliance Looks Like
Unlike ADA Title III — where enforcement depends on individual patient lawsuits — Section 504 gives the government proactive enforcement power. Here's what that means in practice:
HHS OCR Complaint Investigation
Any patient can file a complaint with the HHS Office for Civil Rights. OCR investigates and can require corrective action plans with mandatory timelines.
Proactive Compliance Reviews
OCR can initiate compliance reviews without a complaint — targeting healthcare organizations for audits, especially after the deadline passes.
DOJ Referral
If an organization refuses to cooperate or fails to remediate, OCR refers the case to the Department of Justice for enforcement action.
Loss of Federal Funding
The ultimate penalty: suspension or termination of all federal financial assistance. For most healthcare providers, this means losing Medicare and Medicaid reimbursements — often 40-70% of total revenue.
Concurrent ADA Lawsuits
While OCR investigates, patients can simultaneously file ADA Title III lawsuits. Non-compliance with Section 504 strengthens these cases significantly.
💀 The math is simple: A hospital that loses Medicare reimbursements loses approximately 40-70% of its revenue overnight. No healthcare organization can survive that. Accessibility remediation — even at $100,000 — is a rounding error compared to the cost of non-compliance.
Healthcare Accessibility Checklist (20 Items)
This checklist covers the most critical and commonly failed accessibility requirements for healthcare websites. Use this as your starting audit:
Navigation & Structure
Forms & Patient Input
Visual & Media
Content & Readability
Interactive Elements
Want an automated baseline? Run a free scan on your healthcare website:
Scan Your Healthcare Website Free →Powered by axe-core · WCAG 2.1 AA · No signup required
Common Healthcare Website Accessibility Failures
Based on audits of hundreds of healthcare websites, these are the most frequently encountered accessibility failures:
Inaccessible Appointment Booking
CriticalDate pickers, time slot selectors, and multi-step booking flows that can't be operated with a keyboard or screen reader. A blind patient literally cannot book an appointment.
Fix: Replace custom date pickers with accessible alternatives. Ensure each step has proper labels, focus management, and ARIA live regions for dynamic updates.
PDF Documents Without Tags
CriticalPatient intake forms, medical records, billing statements, and educational materials published as untagged PDFs. Screen readers can't parse the content.
Fix: Tag all PDFs with proper reading order, alt text, and form field labels. Better yet: offer HTML alternatives for all critical documents.
Missing Alt Text on Medical Images
HighX-rays, diagrams, facility photos, and doctor portraits with empty or missing alt attributes. Provider directories are a major offender.
Fix: Add descriptive alt text to every meaningful image. Decorative images should use empty alt="" attributes.
Color-Only Test Results
HighLab results displayed with only color coding (red = abnormal, green = normal) — completely invisible to colorblind patients and screen reader users.
Fix: Supplement color with text labels, icons, or patterns. Always provide text equivalents for status information.
Session Timeouts on Patient Forms
HighPatients with motor or cognitive disabilities need more time to complete forms. Abrupt session expiration loses entered data — causing frustration and abandonment.
Fix: Warn before timeout, offer extension option (at least 10x the initial limit per WCAG 2.2.1), and preserve entered data.
Inaccessible Telehealth Platforms
CriticalVideo conferencing interfaces with unlabeled buttons, missing keyboard controls, and no captions. Deaf or low-vision patients can't participate in their own care.
Fix: Ensure telehealth vendor provides WCAG 2.1 AA VPAT. Add real-time captions, keyboard controls, and proper button labels.
Patient Portal Accessibility: A Special Challenge
Patient portals deserve separate attention because they represent the most complex and highest-stakes accessibility challenge for healthcare organizations. An inaccessible patient portal doesn't just violate the law — it directly harms patient health outcomes.
Consider what a patient portal typically includes: lab results, medication lists, appointment scheduling, provider messaging, prescription refills, and billing. When any of these features are inaccessible, a patient with a disability is denied equal access to their own healthcare.
Key Patient Portal Accessibility Requirements
- →Lab results must be presented in accessible tables with proper headers — not as images or color-only displays
- →Medication lists must work with screen readers, including dosage, frequency, and refill status
- →Appointment scheduling must be fully keyboard-operable, including date/time selection
- →Secure messaging must support screen readers for both composing and reading messages
- →Billing statements must be in accessible HTML or tagged PDF format
- →Login/authentication must be accessible — including MFA flows and security questions
- →All notification modals and alerts must announce to assistive technology
- →Document upload functionality must be keyboard-accessible with clear instructions
If your organization uses Epic MyChart, Cerner, or another major EHR portal, check with your vendor for their WCAG 2.1 AA VPAT documentation. But don't assume the vendor has you covered — customizations, third-party integrations, and facility-specific content are your responsibility to make accessible.
Telehealth and Mobile App Requirements
The HHS rule explicitly includes mobile applications and telehealth platforms. With telehealth usage remaining significantly above pre-pandemic levels, this is a critical compliance area that many organizations overlook.
Telehealth Platform Requirements
- • Real-time captioning for deaf/hard-of-hearing patients
- • Screen reader compatibility for all interface controls
- • Keyboard navigation for joining, muting, screen sharing, chat
- • High contrast mode support for low-vision users
- • Accessible waiting room experiences
- • Compatible with assistive technologies (JAWS, NVDA, VoiceOver)
Mobile App Requirements
- • All touch targets at least 44×44 CSS pixels (WCAG 2.5.8)
- • VoiceOver (iOS) and TalkBack (Android) compatibility
- • Support for system text size settings and high contrast
- • Accessible push notifications with proper labeling
- • No gesture-only interactions without alternatives
- • Biometric login alternatives (fingerprint, face ID) alongside accessible fallbacks
Kiosk Accessibility: The Forgotten Requirement
Self-service kiosks are the requirement most healthcare organizations miss entirely. Check-in terminals, wayfinding stations, and payment kiosks must all be accessible to patients with disabilities. This includes:
- •Physical accessibility: Reachable height, wheelchair approach clearance
- •Screen accessibility: Touch targets, contrast, text sizing
- •Audio output: Headphone jack for private audio feedback
- •Alternative access: Staff-assisted option must always be available
How Much Will This Cost?
The cost of accessibility remediation varies significantly based on organization size, digital property complexity, and current accessibility maturity. Here's a realistic breakdown:
| Organization Type | Typical Scope | Estimated Cost | Timeline |
|---|---|---|---|
| Small Practice | 1-10 pages, basic forms | $2,000 – $5,000 | 2-4 weeks |
| Mid-Size Clinic | 10-50 pages, scheduling | $5,000 – $15,000 | 4-8 weeks |
| Multi-Location Group | 50-200 pages, portal | $15,000 – $40,000 | 6-12 weeks |
| Hospital System | 200+ pages, EHR, telehealth | $40,000 – $100,000+ | 3-6 months |
| Ongoing Monitoring | Automated + manual | $29 – $99/month | Continuous |
The ROI Case for Healthcare Accessibility
For a hospital with $50M in annual Medicare revenue, losing funding means losing $20-35M per year. The math isn't close.
12-Week Sprint Plan: How to Comply by May 11
With 77 days until the deadline, you need a structured sprint plan. Here's a week-by-week action plan for healthcare organizations starting today:
Audit & Baseline
- ☐Run automated scans on all patient-facing web pages (start with our free scanner)
- ☐Inventory all digital touchpoints: website, portal, apps, kiosks, PDFs
- ☐Request VPAT documentation from EHR vendor (Epic, Cerner, etc.)
- ☐Request VPAT from telehealth vendor (Zoom, Doxy.me, etc.)
- ☐Document current state: total issues found, severity distribution
- ☐Assign an internal accessibility lead or hire a consultant
Critical Fixes
- ☐Fix all Critical severity issues (missing alt text, keyboard traps, missing labels)
- ☐Add skip navigation to all pages
- ☐Fix color contrast failures across the site
- ☐Ensure all forms have associated labels and error handling
- ☐Fix heading hierarchy on every page
- ☐Begin manual screen reader testing (NVDA or VoiceOver)
Systematic Remediation
- ☐Address all High severity issues
- ☐Fix appointment booking keyboard accessibility
- ☐Ensure patient portal core flows are keyboard + screen reader compatible
- ☐Tag all critical PDF documents (or create HTML alternatives)
- ☐Add captions to all video content
- ☐Audit and fix third-party integrations (chat widgets, maps, payment forms)
- ☐Test with real assistive technology users if possible
Testing & Validation
- ☐Full WCAG 2.1 AA audit on all remediated pages
- ☐Cross-browser testing (Chrome, Firefox, Safari, Edge)
- ☐Mobile testing on iOS (VoiceOver) and Android (TalkBack)
- ☐Test kiosk accessibility with wheelchair users
- ☐User testing with people with disabilities (even 3-5 testers helps enormously)
- ☐Document remaining gaps and remediation timeline
Documentation & Monitoring
- ☐Publish an accessibility statement with conformance level and contact info
- ☐Set up ongoing automated monitoring (RatedWithAI: $29/month for daily scans)
- ☐Create an internal accessibility policy document
- ☐Train staff on maintaining accessibility going forward
- ☐Establish a process for handling OCR complaints if they arise
- ☐Document your remediation efforts (good faith matters in enforcement)
Why Overlays Won't Save You
When facing a compliance deadline, accessibility overlay widgets look tempting. Install a script, add a widget, and claim compliance. But for healthcare organizations, this approach is particularly dangerous:
FTC Already Took Action
The FTC fined accessiBe $1 million for deceptive advertising — claiming their overlay provided ADA compliance when it didn't. Healthcare organizations using overlays face the same misrepresentation risk.
25%+ of ADA Lawsuits Cite Overlays
More than a quarter of recent ADA lawsuits specifically mention that the defendant website was using an overlay. Overlays are now a red flag, not a shield.
Higher Stakes in Healthcare
For healthcare, the penalty isn't a $50K settlement — it's losing federal funding. HHS OCR expects actual code-level WCAG conformance, not a JavaScript widget layered on broken code.
Doesn't Fix Underlying Issues
Overlays don't fix broken heading structures, missing form labels, inaccessible PDFs, or keyboard traps. They add a visual layer while the underlying accessibility barriers remain.
For a detailed analysis of overlay problems and real alternatives, see our accessiBe Alternatives guide.
Frequently Asked Questions
What is the May 11, 2026 healthcare accessibility deadline?
The HHS Section 504 final rule requires healthcare providers with 15 or more employees who receive federal financial assistance (Medicare, Medicaid, CHIP) to make their websites, mobile apps, and kiosks conform to WCAG 2.1 Level AA by May 11, 2026. Organizations with fewer than 15 employees have until May 10, 2027.
What happens if a healthcare provider doesn't comply by May 2026?
Non-compliant providers risk losing federal financial assistance — meaning Medicare and Medicaid reimbursements could be suspended or terminated. HHS OCR can investigate complaints, conduct proactive compliance reviews, and refer violations to the DOJ. Providers also face concurrent ADA Title III lawsuits from patients.
Does the May 2026 deadline apply to my healthcare organization?
If your organization accepts Medicare, Medicaid, or CHIP payments and has 15 or more employees — yes. This includes hospitals, health systems, physician practices, behavioral health providers, dental practices, long-term care facilities, pharmacies, labs, and most clinics. Even private practices receiving indirect federal funding through state Medicaid programs are covered.
What WCAG standard must healthcare websites meet?
WCAG 2.1 Level AA, which includes 50 success criteria. Providers may also comply using WCAG 2.2 AA or AAA, which meet or exceed the requirements. The standard applies to all patient-facing web content, mobile applications, and self-service kiosks.
How much does healthcare website accessibility compliance cost?
Small practices: $2,000-5,000. Mid-size clinics: $5,000-15,000. Hospital systems: $40,000-100,000+. Ongoing monitoring: $29-99/month. The cost of non-compliance (losing Medicare/Medicaid funding — often 40-70% of revenue) makes any remediation investment look trivial by comparison.
What's the difference between the April 2026 and May 2026 deadlines?
The April 24, 2026 deadline is the DOJ's ADA Title II rule for state and local government websites. The May 11, 2026 deadline is the HHS Section 504 rule for healthcare providers receiving federal funding. Some organizations (like public hospitals) are subject to both.
Are patient portals covered?
Yes. The HHS rule covers websites, mobile apps, and kiosks. Patient portals — including appointment scheduling, lab results, messaging, prescription refills, and health record access — must be fully WCAG 2.1 AA compliant.
Can I use an accessibility overlay to comply?
No. Overlay widgets don't provide genuine WCAG compliance. The FTC fined accessiBe $1 million for deceptive practices, and 25%+ of ADA lawsuits cite overlay usage. HHS OCR expects actual code-level remediation — not a JavaScript widget on top of inaccessible code.
Don't Wait Until May. Start Your Healthcare Accessibility Audit Today.
77 days isn't much time. But it's enough — if you start now. Run a free scan on your healthcare website to see where you stand.
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Related Resources
Healthcare Accessibility: ADA, HIPAA & Section 504
General overview of all healthcare accessibility laws and requirements.
ADA Title II Deadline: April 24, 2026
The government website deadline that precedes the healthcare deadline by 17 days.
ADA Compliance Checklist 2026
Complete checklist for website ADA compliance with actionable steps.
WCAG Compliance: Complete Guide
Deep dive into every WCAG 2.1 principle and success criterion.
Accessibility Lawsuit Statistics 2026
8,667 lawsuits filed in 2025 — healthcare is a top target industry.
Section 508 Compliance Guide
For healthcare organizations that also work with federal agencies.
Disclaimer: This article provides general information about digital accessibility requirements for healthcare organizations. It does not constitute legal advice. Consult with a qualified healthcare attorney for guidance specific to your organization's compliance obligations.