ADA Title II and Section 504: accessible web content and documents

Who it covers

The DOJ rule (28 CFR part 35, subpart H) covers state and local government entities, including public hospitals and health departments. The HHS rule (45 CFR 84.84) covers recipients of HHS financial assistance, such as most hospitals and health systems. Both adopt WCAG 2.1 Level A and AA, for content provided directly or through contractual, licensing or other arrangements.

Documents count

Conventional electronic documents are covered: PDFs and word-processor, presentation and spreadsheet files posted on the web or in an app. A patient handout or a member notice posted as a PDF has to meet WCAG 2.1 AA like the page it sits on.

What is excepted

The DOJ rule lists five exceptions. Each is narrow; check the definitions before relying on one.

• Archived web content kept only for reference, research or recordkeeping
• Documents posted before the compliance date, unless they are still used to apply for, get or take part in a service
• Content posted by a third party, unless it is posted under an arrangement with the entity
• Documents about a specific person, their property or account that are password-protected or otherwise secured
• Social media posts made before the compliance date

Working through the backlog

Start with documents people use to apply for, get or take part in services, since being posted before the compliance date does not except them. For each one, check the reading level and structure first: a document that is clear and well structured is faster to remediate.

How HealthLiteracyCopilot helps

HealthLiteracyCopilot reviews documents for accessibility alongside plain language, keeps an attested evidence record of each review, and exports Word and HTML.