For many organizations, digital accessibility has long been something to consider—often viewed as an “extra” area to improve over time. Today, it is becoming something more defined. For specific businesses and organizations, through new guidance from the U.S. Department of Health and Human Services, digital accessibility is no longer just about good practice. It is a requirement that ensures every person can engage fully with the services you provide online.
If your organization receives federal funding, these requirements bring clarity to what digital accessibility should look like—and when it needs to be in place.
A Shift Toward Clear Standards
At the center of these requirements is a widely recognized framework: WCAG 2.1 Level AA. These standards outline how digital experiences can be made usable for people with a wide range of abilities, including:
- Providing text alternatives for images.
- Ensuring videos include captions.
- Supporting navigation by keyboard.
- Creating clear, consistent page structures.
Rather than leaving accessibility open to interpretation, these requirements offer a shared starting point—one that is already familiar to many designers and developers.
These updates are grounded in Section 504 of the Rehabilitation Act of 1973, which protects individuals from discrimination in programs receiving federal support. At its core, the law affirms something simple: access should not depend on ability.
Who These Requirements Apply To:
The scope of these requirements is broad, but intentional. They apply to organizations that receive funding through programs administered by HHS, including:
- Healthcare providers, such as hospitals, clinics, and private practices.
- Childcare and social service organizations.
- Educational institutions connected to health and human services.
These are services that people rely on every day. Making their related websites, mobile apps, and kiosks accessible ensures that access is not limited by ability.
Important Timelines to Know
The path to digital accessibility compliance is structured around specific dates and organizational requirements:
- Organizations with 15 or more employees are now required to meet requirements as of May 11, 2026.
- Organizations with fewer than 15 employees have until May 10, 2027.
This timeline provides space to assess, plan, and implement meaningful updates—without rushing changes that deserve careful attention.
What Digital Accessibility Looks Like in Practice
Meeting accessibility requirements under WCAG 2.1 Level AA often comes down to consistent, detail-focused improvements rather than large structural changes. In practice, this can include:
- Images that include descriptive alternative text.
- Online forms with clear labels and intuitive navigation.
- Videos that include captions for those who are deaf or hard of hearing.
- Content that works smoothly with assistive technologies.
Individually, these adjustments may seem small. Together, they help support the level of accessibility expected under current requirements.
Understanding Exceptions—With Care
The requirements do allow for certain exceptions. These are limited situations where specific types of content may not need to meet WCAG 2.1 Level AA immediately. However, it is still beneficial to work toward total compliance in these areas over time.
Archived Web Content
This consists of content created before the compliance deadlines, that is:
- Retained only for reference, research, or recordkeeping.
- Not updated after being archived.
- Stored in a clearly labeled archived section.
If this content is later updated or used to communicate current information, it may no longer qualify for this exception.
Preexisting Conventional Electronic Documents
Under the HHS guidance, certain preexisting documents created before the compliance deadlines may be exempt from accessibility requirements unless they are currently used to participate in active programs or services. This can include older PDFs, Word documents, presentations, and spreadsheets that remain available online primarily for reference or recordkeeping purposes.
Third-Party Content
Content posted by users or the public—such as comments on a social media page—may be exempt when it is not controlled by the organization. However, this does not apply to third-party tools or services used through contracts or integrations, such as payment platforms or booking systems. In those cases, accessibility is still expected.
Individualized, Password-Protected Documents
Documents tied to a specific individual, such as medical records or account files, are generally exempt. Even so, organizations must ensure that individuals can access their own information in an accessible format when requested.
Preexisting Social Media Posts
Social media content published before the compliance deadlines does not need to be retroactively updated.
Even within these exceptions, the expectation remains the same: organizations should provide meaningful access when needed, including offering alternative formats or support where appropriate.
Accessibility Beyond the Website
These updates extend beyond traditional websites to include mobile applications and physical kiosks—such as check-in stations in healthcare settings.
When a kiosk cannot be used by someone with a disability, organizations are expected to offer an alternative way to access the same service. This reflects a broader perspective: accessibility is about the full experience, not just one platform.
When Full Compliance Isn’t Immediate
There is an understanding that not every system can be updated immediately.
If a specific issue has only a minimal impact on usability, or if technical limitations prevent immediate fixes, organizations may still be considered compliant—provided the overall experience remains accessible in a meaningful way.
In some cases, a conforming alternative version of content may be used. This version must offer the same information and functionality, kept current and easy to access.
Start With a Clear Accessibility Plan
Meeting current accessibility requirements does not always require a complete rebuild. In many cases, thoughtful updates and a clear strategy can move your website, mobile app, or digital tools closer to compliance while improving the overall experience for all users.
Whether you are beginning with an accessibility audit, reviewing existing content, or exploring long-term solutions, taking the first step now can make future updates far more manageable.
At myheartcreative, we help organizations understand where they stand, identify areas for improvement, and implement practical accessibility solutions that align with both compliance standards and user experience.
Ready to make your website more accessible? Explore our accessibility services or connect with our team to discuss the next steps for your organization.
