Department of Health and Human Services Interim Final Rule

The US Department of Health and Human Services (HHS) may be coming out with an interim final rule (IFR) without public comment regarding Section 504 of the Rehabilitation Act of 1973. Specifically, this IFR likely will affect the Discrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance section of the rules governing enforcement of Section 504. 

As with the IFR announced and then published by the Department of Justice, we will not know what is contained in the HHS IFR until and unless it is published in the Federal Register. However, many anticipate that the HHS IFR will likely mirror the DOJ IFR in that it may extend the compliance deadline for web content and mobile app accessibility for covered entities. In the HHS IFR, covered entities include any hospitals, clinics, and other healthcare organizations which receive funding from HHS. The current compliance deadline is May 11, 2026, for recipients of federal HHS funds with 15 or more employees, and May 10, 2027, for recipients of federal HHS funds with fewer than 15 employees.

ACB, along with our colleagues at other the disability rights organizations, has requested a meeting with OIRA, the Office of Information and Regulatory Affairs, in order to document our opposition to this IFR and make our case that the IFR be withdrawn. We will provide updates as this situation develops.