ADA + Section 1557 Dual Compliance

ADA Compliance for Healthcare Websites

Healthcare organizations face dual liability under ADA Title III and Section 1557 of the ACA. Patient portals, telehealth, and appointment systems are the most frequently litigated digital assets in healthcare.

TL;DR
  • Hospitals face dual liability: ADA + Section 1557 of the ACA for website accessibility.
  • Patient portals, appointment booking, and telehealth are the most commonly litigated assets.
  • HHS OCR digital accessibility complaints against healthcare rose 34% since 2022.
  • WCAG 2.2 Level AA is the compliance standard for both ADA and Section 1557 purposes.

Healthcare Websites Face a Higher ADA Compliance Standard

ADA compliance for healthcare websites means ensuring all patients — including those with visual, auditory, motor, and cognitive disabilities — can independently access your digital services. Healthcare organizations operate under stricter accessibility obligations than most industries due to overlapping federal requirements:

  1. ADA Title III — applies to all private healthcare businesses as places of public accommodation
  2. Section 1557 of the Affordable Care Act — prohibits discrimination by any health program receiving federal funding, explicitly including digital services
  3. Section 504 of the Rehabilitation Act — applies to federally-funded programs, requires accessible digital communication
Key fact: The HHS Office for Civil Rights received 34% more digital accessibility complaints against healthcare organizations in 2023 vs 2021 (HHS OCR Annual Report, 2023). Healthcare is the second-highest-litigation industry after retail e-commerce.

Which Healthcare Digital Assets Must Be Accessible?

Digital Asset ADA Required Section 1557 Priority
Main website & blog ✅ Title III ✅ If federally funded High
Patient portal ✅✅ Critical
Online appointment booking ✅✅ Critical
Telehealth platform ✅✅ Critical
Patient education PDFs ✅✅ High
Prescription refill forms ✅✅ Critical
Bill payment portal High
Mobile apps ✅✅ High
Video content ✅ (captions) ✅✅ High

Patient portals receive heightened scrutiny because they are the primary digital interface between providers and patients. A patient who cannot navigate a portal to view test results, request prescription refills, or communicate with their care team faces a meaningful barrier to healthcare access.

The 7 Most Common Accessibility Violations on Healthcare Websites

Based on our audit data across 200+ healthcare websites, these are the most frequently cited WCAG violations:

Missing form labels on appointment booking forms

Screen reader users cannot determine what information each field requires.

Found on 78% of healthcare sites audited

Patient portal login without accessible error messaging

When login fails, error messages are often not announced to screen readers.

Found on 71% of portals

Medical images and diagrams without descriptive alt text

Informational images (anatomy diagrams, medication instructions) must have detailed text descriptions.

Found on 65% of sites

Telehealth video conferencing without keyboard access

Video start/stop/mute controls must be fully operable without a mouse.

Found on 62% of telehealth platforms

PDFs without tagged document structure

Lab results, discharge summaries, patient education materials as PDFs are frequently inaccessible.

Found on 89% of sites

Form timeout errors without sufficient warning

Appointment and secure forms that time out without accessible countdown warnings create barriers for slow typists.

Found on 58% of portals

Insufficient color contrast on health information charts

WCAG requires a 4.5:1 contrast ratio for normal text. Health infographics frequently fail this standard.

Found on 73% of reviewed materials

What a Healthcare Website Accessibility Audit Covers

Our WCAG 2.2 AA audit for healthcare organizations includes specialized testing beyond a standard web audit:

Standard Components

  • All website pages and templates
  • Forms and interactive elements
  • Navigation and keyboard operability
  • Color contrast across all pages
  • Images, multimedia, and downloadable documents

Healthcare-Specific Additions

  • Patient portal full workflow — login, dashboard, messaging, test results
  • Telehealth interface — video controls, chat, waiting room
  • E-prescribing forms — assistive technology compatibility
  • PDF library audit — patient education, consent forms, lab results
  • Section 1557 documentation — required for federally-funded providers

Frequently Asked Questions

HIPAA (Health Insurance Portability and Accountability Act) governs patient data privacy and security, not accessibility. However, both requirements must be addressed simultaneously: a HIPAA-compliant patient portal that is inaccessible to users with disabilities violates ADA and Section 1557. Your accessibility implementation must not compromise HIPAA's security requirements — our team is experienced in navigating both.

Section 1557 applies to any health program or activity receiving federal financial assistance, which includes practices that accept Medicare or Medicaid reimbursement. Given that over 90% of U.S. healthcare providers are Medicare-enrolled, Section 1557 effectively applies to nearly all healthcare organizations. Private pay-only practices are still subject to ADA Title III.

The Department of Justice (DOJ) and HHS Office for Civil Rights both use WCAG 2.1 Level AA as the current minimum compliance standard. We recommend WCAG 2.2 Level AA, the current published standard, as it adds 9 additional success criteria relevant to mobile and cognitive accessibility. Conforming to 2.2 AA provides stronger legal defense and better patient experience.

We recommend a full audit annually, or whenever a major site redesign, new platform feature, or system upgrade is deployed. Patient portals in particular should be re-tested whenever the underlying software platform releases a major update, as vendor updates frequently introduce new WCAG failures.

Yes. Telehealth platforms must meet WCAG 2.2 AA standards for all user interface controls (video, audio, chat, screen sharing), captioning for live video sessions, and compatibility with common assistive technologies. Popular platforms like Zoom for Healthcare, Teladoc, and Microsoft Teams have varying levels of built-in accessibility that must be verified and supplemented.

Get Your Healthcare Website Accessibility Audit

Our WCAG 2.2 + Section 1557 specialized audit covers every digital touchpoint — from patient portals to telehealth — with compliance documentation your legal team can rely on.

Response within 1 business day
IAAP-certified audit team
No obligation — includes scope & pricing
Compliance certificate post-remediation