The effort to drive healthcare access into the 21st century has proven successful, thanks partly to the COVID-19 pandemic that forced healthcare organizations and their patients into a touchless society where technology was the key to human interaction.
These services have become more of a norm, making way for new and improved patient portals and payment services. Many patients now expect more personalized, digital interactions to manage their health care.
However, these tools are only beneficial if every patient can use them independently. For patients with disabilities, inaccessible technology can mean the difference between timely, effective care and unmet healthcare needs.
Not only that, but inaccessible technology also opens your healthcare organization up to potential legal risks under ACA Section 1557 and other laws. As the nondiscrimination provision of the Affordable Care Act, Section 1557 mandates that healthcare providers prioritize accessibility and inclusivity in their digital tools and platforms.
ACA Section 1557: Know the Law
Section 1557 — reinforced by the Department of Health and Human Services (HHS) in a final rule issued in May 2024 — prohibits discrimination in healthcare based on race, color, national origin, sex, age, disability, or limited English proficiency.
This rule applies to any federally funded health program or activity, covering entities such as hospitals, insurance companies, and state Medicaid agencies. It outlines requirements to prevent discrimination, including effective communication, accessible facilities, reasonable accommodations, and the provision of accessible digital resources.
Section 92.204 of the rule specifically addresses digital accessibility, requiring healthcare organizations to meet technical accessibility standards referenced in a separate rule also published by HHS, covering Section 504 of the Rehabilitation Act.
This includes ensuring that websites, mobile applications, telehealth services, and self-service kiosks used in healthcare comply with the Web Content Accessibility Guidelines (WCAG) 2.1 AA standards, providing equitable access to digital healthcare services.
To meet these standards, digital healthcare content must be perceivable, operable, understandable, and robust enough to be accessed with various assistive technologies (AT). For example, accessible patient portals, telehealth services, and payment platforms are necessary for providing equitable healthcare.
Most provisions took effect on July 5, 2024, with some extended deadlines for compliance, including appointing an organizational Section 1557 coordinator and establishing accessibility policies and training programs by July 2025.
Download our extensive ACA Section 1557 compliance guide for more in-depth coverage of Section 1557. You’ll also gain access to our comprehensive accessibility checklist to ensure your digital platforms meet the highest standards in healthcare accessibility.
Legal and Financial Implications of Noncompliance
Failing to comply with ACA Section 1557’s accessibility requirements can have serious consequences. Noncompliance puts healthcare organizations at risk of:
- Loss of federal funding for failing to meet accessibility standards.
- Financial penalties and lawsuits due to discriminatory practices.
- Reputational damage can erode patient trust and impact the organization’s long-term viability.
Why Digital Accessibility Is Essential for Patient Experience and Retention
For healthcare leaders, complying with Section 1557 isn’t just about meeting legal standards — it’s about creating a healthcare system that serves all patients equally, without barriers.
Having an accessible patient portal, website, or other digital healthcare services allows patients to independently and efficiently manage appointments, check test results, and communicate with healthcare providers. A seamless, accessible experience can increase patient satisfaction, strengthen loyalty to a provider, and ultimately improve health outcomes.
Inaccessible platforms, on the other hand, create barriers that may prevent access to essential healthcare services for a sector of the population that may have complex healthcare needs, increasing the risk of harm to patients when they can’t receive the care they need at the appropriate time.
Examples of Inaccessible Healthcare Technology
Inaccessible digital tools can adversely affect the patient experience for people with disabilities in several ways. For example, accessibility barriers can limit or prevent people with disabilities from using:
- Patient portal websites, and mobile apps that provide appointment schedulers, visit summaries, test results, public health information, and other services.
- Telehealth interfaces that offer real-time remote care from providers through video and/or audio.
- Self-service kiosks that allow independent appointment check-in or scheduling.
These accessibility gaps can significantly impact individual experiences and reflect poorly on the healthcare provider’s commitment to equitable care.
The Benefits of Accessible Digital Healthcare Technology
Accessible digital healthcare tools can provide many benefits for patients with disabilities, providing flexible and independent access to healthcare services and programs while also helping providers offer more efficient, effective care.
Accessible technologies — such as patient portals, telehealth platforms, mobile health apps, self-service kiosks, and payment portals — can help reduce the gap in access to quality healthcare that has historically existed for people with disabilities.
When patients can confidently and successfully interact with digital healthcare tools, they are likely to experience greater satisfaction and are more likely to engage consistently with their healthcare provider. This inclusive approach builds trust and strengthens patient-provider relationships, which can drive retention and loyalty.
Additionally, accessible technology supports healthcare providers’ reputations as patient-centered, inclusive organizations, fostering positive word-of-mouth and community trust among people with disabilities. Ultimately, accessible digital healthcare technology helps deliver equitable health outcomes by ensuring every patient can independently access the care and information they need.
Mitigating Risks with Proactive Digital Accessibility Planning
While the correlation between improved digital accessibility and better online services for patients should be the primary driver, ensuring digital programs and services are accessible also mitigates legal and compliance risks associated with inaccessible platforms, protecting healthcare providers from potential lawsuits and penalties.
Healthcare providers can manage these risks by proactively approaching digital accessibility. This includes:
- Regular Accessibility Audits: Conducting digital accessibility audits to identify and address accessibility barriers.
- Continuous Automated Monitoring: Ensuring that new content, tools, and updates meet WCAG standards.
- Training and Support: Educating staff on accessibility best practices and integrating accessibility into design and development workflows.
By embedding accessibility into the organization’s digital strategy, healthcare providers can ensure consistent compliance with Section 1557, reduce risks, and foster a positive patient experience.
Accessibility Compliance as a Foundation for Patient-Centered Care
As healthcare increasingly relies on digital platforms to deliver essential services, ensuring accessibility is not optional. Accessible patient portals and telehealth tools improve engagement, foster trust, and ultimately empower patients with disabilities to take control of their health.
Creating accessible digital experiences and maintaining compliance and conformance standards requires a proactive approach. Let TPGi’s full suite of services help your healthcare organization comply with regulations like ACA Section 1557.
Our accessibility audit and review services identify barriers in your digital platforms, while our UX experts can help you address the needs of people with disabilities throughout product development, reducing the likelihood of costly accessibility remediation post-release. With AT user flow testing, we gather feedback directly from users with disabilities to ensure your platforms meet real-world accessibility needs.
Ready to make your healthcare services inclusive and accessible? Contact TPGi today to learn how we can support your journey toward digital accessibility.
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