Three weeks ago, I wrote about DOJ’s Interim Final Rule, which delayed the ADA Title II web accessibility deadline. I called it what it was: a needless and legally shaky procedural move that harmed people with disabilities. Today, the same playbook is being run again — this time by HHS, and the stakes are categorically higher.
The Administration has submitted a new Interim Final Rule on nondiscrimination on the basis of disability by recipients of HHS financial assistance. The digital accessibility deadline under this rule, which requires WCAG 2.1 A/AA compliance for hospitals, clinics, and all organizations receiving Medicare or Medicaid funding, becomes enforceable on May 11, 2026. That’s only three weeks from now. As I warned last December in The Quiet Unwinding of Civil Rights and Democracy, this rule “could disappear with a simple notice in the Federal Register.” That moment appears to have arrived.
This Is Not the Same as the DOJ Delay — It Will Cost Lives
The DOJ delay hurt people. When government websites are inaccessible, people with disabilities can’t pay taxes online, access benefits, or participate in civic life. That harm is real and matters.
But the HHS Section 504 rule covers territory that is categorically different. As I wrote in May 2024, the rule requires WCAG 2.1 A/AA compliance for every healthcare organization receiving HHS financial assistance. The 2024 rule also prohibits hospitals from denying organ transplants, withholding life-sustaining treatment, or rationing emergency care based on disability. It requires that people with disabilities receive services in the most integrated setting appropriate — meaning the community, not an institution. It mandates that diagnostic equipment be accessible: the exam table, the scale, and the mammography machine, so that a patient who uses a wheelchair can actually receive care.
These are not website navigation problems. Delaying the DOJ Title II rule will hurt people. Delaying this rule will kill people.
Same Playbook, Higher Stakes
The mechanism is identical to what I described in the April 17 post: an Interim Final Rule routed through OIRA that bypasses the notice-and-comment process required by the APA. The same legal vulnerabilities apply — no valid “good cause” finding and little public input.
But there is a critical difference. With the DOJ Title II rule, the underlying ADA obligation still existed regardless of the regulation. Project Civic Access settlement agreements have required WCAG compliance from state and local governments since at least 2013 and court cases have required web accessibility for years before that. The obligation to provide accessible government services predates the 2024 rule by decades. Pulling the regulation creates confusion, but it doesn’t eliminate the legal baseline.
That backstop doesn’t exist here in the same way. The 2024 HHS rule wasn’t codifying existing enforcement practice across the board — it was filling genuine gaps, particularly regarding medical treatment discrimination and accessible diagnostic equipment. If an IFR guts or substantially delays those provisions, there is no equivalent network of settlement agreements and case law to serve as a safety net. The protections simply go away.
What You Can Do Right Now
The same tool that worked before is available again. Under Executive Order 12866, anyone can request a meeting with OIRA to weigh in on a rule under review. Go to the OIRA review page for this rule and click “Request EO Meeting.” Provide your contact information and say why you oppose weakening or delaying the rule. Keep it personal and specific. Tell OIRA what it means when a hospital can deny treatment based on disability. Tell them what it means to be forced into a nursing home because community-based services aren’t required. Tell them what it means to be a wheelchair user who cannot get on an exam table.
As I wrote in March, inundating OIRA with meeting requests sends a direct signal that this rule has a constituency willing to fight for it. It worked against the Department of Energy’s Direct Final Rule. It can work here. Don’t wait for the IFR to drop. Act now.
Disclaimer
Nothing in this post should be interpreted as legal advice or as forming an attorney-client relationship. It is offered for educational purposes only. You should always contact a qualified attorney in your area to discuss your legal rights and responsibilities.
Want to See More Content Like This?
Want the latest blog posts, videos, white papers, and announcements? Sign up for our mailing list and stay in the loop!
We're Here to Help When You're Ready
Take a deep breath. Then feel free to reach out to our team when you're ready to discuss your accessibility needs.
0 comments on “RED ALERT: The HHS Section 504 Rule Is in Danger”