Driving the news:
Equitable access to healthcare has been a persistent and long-standing issue for the visually impaired. A report last year by the American Foundation for the Blind found that across healthcare tasks, about 40%- 50% of participants reported occasional barriers, while 20%- 30% reported frequent barriers.
Citing more than fifty years of disability community advocacy, the United States Department of Health and Human Services (HHS) recently finalized a rule prohibiting discrimination based on disability. The rule notably enhances civil rights protections for individuals with disabilities, specifically addressing discrimination in medical treatment, introducing enforceable standards for accessible medical diagnostic equipment, and aiming to improve accessibility of web content and mobile apps.
HHS has stated that it expects covered entities to need two or three years to prepare for compliance before the enforcement date. This proactive approach means that entities will begin working now to make their content accessible, ensuring a more inclusive healthcare system for the visually impaired.
What healthcare providers need to know:
The new rule includes provisions that specify the definition of accessibility for websites and mobile applications, establishing a clear technical standard (WCAG 2.1 Level A and Level AA ) to guarantee that health care and human services are easily accessible and usable for individuals with disabilities. This action aligns with the standards recently published by the Department of Justice in a recent pivotal rule on Title II of the ADA concerning the accessibility of web content and mobile applications for people with disabilities.
The new rule covers all federally-funded health and human services programs. This includes:
- Hospitals
- Healthcare providers participating in CHIP and Medicaid programs
- State and local human or social service agencies
- Nursing homes
Specifically, the final rule requires converting websites and mobile applications to WCAG 2.1 standards by May 11, 2026, for recipients with more than 15 employees and by May 10, 2027, for recipients with fewer than 15 employees.
It is important to note the scope applies broadly, “This requirement applies regardless of whether that content is located on the recipient’s website or mobile app or elsewhere on the web or mobile apps. It covers web content or content in a mobile app that a recipient makes available via a social media platform.” Additionally, recipients may use conforming alternate versions of web content only where it is impossible to make web content directly accessible because of technical or legal limitations.
Further information is available in HHS’s released fact sheet, which covers the basics of the regulation itself.
Why it matters:
The move comes at a critical time. A study published by the U.S. Centers for Disease Control and Prevention found that adults with vision impairment (when compared with those who do not) had a lower prevalence of health insurance coverage (80.6% vs. 87.6%), a usual health care provider (71.9% vs. 75.7%), or a dental visit in the past year (52.9% vs 67.2%), and a higher prevalence of unmet health care needs due to cost (29.2% vs 12.6%).
With the recent final regulation from HHS, there’s a significant emphasis on expanding digital accessibility, addressing biases in health technology, and driving broader commitments, actions, and key partnerships across the entire healthcare industry. This move is a crucial step towards ensuring equitable access to healthcare for all, and it’s a responsibility shared broadly across the healthcare industry.
- Athenahealth, which provides data-transmitted services and software for medical and health groups across the United States, recently collaborated with the American Council of the Blind. The partnership included formalizing goals related to WCAG conformance, ensuring continuous improvements through real-world testing and user feedback, and including accessibility training and testing throughout several areas, like product development and employee training.
- The American Foundation for the Blind published a free resource package for healthcare workers to better support patients, visitors, and visually impaired caregivers. The package includes handouts, training videos, and pre-and post-tests to evaluate understanding.
- A start-up called Accessible Pharmacy Services provides specially tailored services for those with vision impairments, including home deliveries, labels that convert text to speech, and the use of the app Be My Eyes to help with actions like medical device setup and troubleshooting.
While these new regulations primarily apply to federally funded healthcare and social service programs, they are aimed at increasing accessibility in these sectors. However, their impact is also being felt across the broader healthcare industry, where stakeholders are recognizing the importance of greater accessibility and are proactively taking steps to address this issue.
