Section 504 digital accessibility deadlines: What every HHS-funded provider must know
On May 9, 2024, the U.S. Department of Health and Human Services (HHS) published a major update to its Section 504 regulations. It was the first full rewrite in almost 50 years.
The final rule tightens nondiscrimination protections for people with disabilities across every program or activity that receives any HHS funding, from rural clinics to national insurers.
The rule took effect on July 8, 2024, and it sets phased compliance deadlines that begin as soon as May 11, 2026.
The new rule covers many aspects of program accessibility, including physical access, effective communication, and accessible medical equipment. However, this post focuses exclusively on digital information technology used by patients: web, mobile, and kiosks.
Web and mobile accessibility requirements
| Size of Health and Human Services Provider | Applies to | Requirement | 504 Compliance Deadline |
|---|---|---|---|
| 15 employees or more | Patient-facing web and mobile | WCAG 2.1 A and AA | May 11, 2026 |
| Less than 15 employees | Patient-facing web and mobile |
WCAG 2.1 A and AA |
May 10, 2027 |
WCAG 2.1 is the standard. WCAG 2.2 is the better choice.
The updated 504 rule adopts WCAG 2.1 Level A and AA, which has been the international standard for web and mobile accessibility since 2018. WCAG (Web Content Accessibility Guidelines) defines testable success criteria under four core principles: Perceivable, operable, understandable, and robust.
WCAG 2.1 A and AA build on WCAG 2.0 by adding 12 new success criteria, making it both modern and backward-compatible.
While WCAG 2.1 A and AA are the legal floor, WCAG 2.2 A and AA became an official standard in October 2023. They added six additional criteria, including larger touch targets, visible focus indicators, drag-free alternatives, and log-in flows that don’t rely on memory tests.
Content that meets 2.2 automatically meets 2.1 and 2.0. Adopting 2.2 now safeguards upcoming projects and spares you a second retrofit when regulators inevitably uplevel the regulation to the latest published standard.
Exceptions to web and mobile accessibility
Section 504’s new Section 84.85 mirrors the Department of Justice’s ADA Title II rule and carves out five content categories that don’t have to meet WCAG 2.1. These exemptions are meant for edge-case materials that are hard to retrofit or that users rarely need. Everything else—especially anything tied to applying for, paying for, or receiving services—must still be fully accessible.
Here is a list of exempted materials:
- Archived web content. Examples include PDFs or HTML that simply preserves a paper record, is clearly labeled as “archive,” and is not being edited or updated.
- Pre-existing conventional electronic documents. This covers PDFs, document files (MS Word, Google Documents), slide decks (MS PowerPoint, Google Slides), or spreadsheets (MS Excel, Google Sheets) that were already online or in a mobile app before your 504 compliance deadline, and which are not currently used to apply for, gain access to, or participate in your services or programs. Note: If the form is still in active use, it must be remediated.?
- Third-party content you don’t control. This includes posts on community forums or public comment boards, or files uploaded by outside users (unless those users are acting under a contract, license, or other arrangement with you). For example, a vendor-run payment portal you have contracted would be considered in scope for conformance and must be accessible.?
- Individualized, password-protected documents. This covers items such as account statements, lab results, or benefit letters that apply to a single person and are delivered in a secure portal. Note: Because only one user needs each file, you must supply it in an alternative accessible format upon request.
- Pre-existing social-media posts. Anything you posted to services like Facebook, X (formerly Twitter), or LinkedIn before your compliance date is exempt. New posts after the deadline must meet WCAG standards if they include images, video, or links back to inaccessible pages.?
Reminder: The above items are legal exemptions, not best practices. If an exempt item becomes part of an active workflow (say, an archived PDF gets revived for use as current patient instructions), you’ll need to bring it up to WCAG 2.1 A and AA or provide a conforming alternate version.
Can I use a “conforming alternate version?”
Yes—but only in rare cases where direct accessibility is technically or legally impossible—not just inconvenient. As with ADA Title II, Section 504 allows an alternate version only as a last resort, with strict expectations:
- It must match the content, features, and update cycle of the original.
- It must be retired when the barrier is resolved (for example, if your vendor releases an accessible version).
- It cannot be justified based on cost, time, or lack of expertise.
Bottom line: An alternate version is an emergency valve, not a regular solution. It is meant to be a stop-gap measure until a permanent solution can be applied.
Kiosks: Equal access now, full accessibility later.
The new HHS rule (Section 84.83) makes clear that any kiosk used for check-in, payment, wayfinding, or other services must provide equal access to all patients, including those with disabilities. Providers cannot reroute a blind patient to a slower line or require someone who uses a wheelchair to disclose personal details at a front desk. If your kiosk hardware isn’t accessible yet, the alternative process must offer the same access, convenience, and confidentiality that other patients receive.
No US technical standard for kiosks—yet
Unlike websites and apps, kiosks do not have an accessibility standard with testable, objective criteria defined in 504. HHS suggests applying WCAG 2.1 to the kiosk software layer where applicable but provides no guidance for how to test the accessibility of the kiosk hardware. For now, that means your kiosk conforms to Section 504 if you deliver an equivalent user experience and document how you do it.
EN 301 549: A practical interim accessibility standard for kiosks
In the absence of a US-defined accessibility standard for kiosks, EN 301 549 offers a credible, testable framework. This European ICT accessibility standard is already followed by many global manufacturers. It includes a full set of requirements for closed-functionality devices (including kiosks) that don’t support third-party assistive technologies.
What EN 301 549 covers
EN 301 549 spells out how software and hardware that can’t load third-party assistive tech must still be operable by users who rely on keyboard navigation, tactile cues, speech output, adjustable volume, and other built-in features.
Why EN 301 549 fits kiosks
Most check-in or payment kiosks lock users into a fixed interface—making them a textbook example of closed functionality. EN 301 549 anticipates this model and provides objective, pass/fail tests—something current US law doesn’t yet supply. Running your kiosks through EN 301 549’s test procedures (found in Annex C) gives you clear results you can use in procurement decisions, vendor contracts, VPATs, or even OCR investigations.
How to use EN 301 549
Ask vendors for an EN 301 549 test report or include the closed-functionality clauses in your RFI/RFP. If the kiosk also displays web content, you’ll still need to meet WCAG 2.1 AA by 2026/2027, but EN 301 549 fills the hardware gap until the US adopts a formal accessibility standard for kiosk hardware with testable, outcome-based criteria.
Additional benefits of aligning with EN 301 549
Aligning with EN 301 549 positions you for Europe’s European Accessibility Act (EAA) product rules coming in 2025–2028—handy if you operate internationally.
The bottom line
Until HHS (or the US Access Board) publishes a technical accessibility standard for kiosks, EN 301 549 gives you a defensible, standards-based way to demonstrate and document that your kiosk is providing an equivalent user experience.
How US accessibility kiosk regulations align to EN 301 549
While EN 301 549 is not formally referenced in US law, its closed functionality requirements closely mirror the intent of US regulations for accessible kiosks.
The US does have outcome-based accessibility requirements for kiosks in the ADA (for ATMs and fare machines), the Air Carrier Access Act (for airline kiosks), and Section 508 (for federal information kiosks). However, these US regulations do not all include details on how to objectively test and prove conformance.
So, while you can use Section 504’s vague outcome-based requirements, you’ll be on much stronger ground by using EN 301 549.
Here’s your 504 digital to-do list. Get started today!
Before you budget, renew a contract, or launch a new patient-facing kiosk, make sure you understand what Section 504 now requires of your digital experience.
Here’s how to get ready:
- Inventory and triage your patient-facing digital assets. Map every website, app, kiosk, portal, and document workflow patients encounter. Prioritize high-traffic, high-risk areas first.
- Define your WCAG baseline. WCAG 2.1 AA is the legal minimum. Jumping to 2.2 AA now saves time and cost and prevents the need for later retrofits.
- Update your vendor contracts. Require WCAG 2.1 AA (or higher) conformance from all digital vendors and SaaS providers and demand proof of conformance.
- Embed accessibility into your entire ecosystem and workflows. Bake Section 504 conformance into procurement, onboarding, communications, QA, testing, and user research. Make sure you validate conformance by testing with users with disabilities, not just automated tools.
- Document your approach. Develop clear documentation, remediation plans, and leadership-level approval in case you ever need to claim “undue burden” or “fundamental alteration.”
Digital accessibility is now the standard. Are you ready?
HHS deliberately aligned its standards with the DOJ’s ADA Title II rule. Even private insurers and commercial health systems, which are not technically covered by Section 504, will face growing pressure to meet WCAG 2.1 AA and beyond.
The message is clear: Digital accessibility is no longer a nice-to-have. It’s a requirement. It is expected. It is fundamental to equitable care.
Do you need support evaluating your web, mobile, or kiosk experience? Deque’s digital accessibility experts are ready to help you build a compliant, patient-centered future. Schedule a free consultation today.
