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Archive for the "Section 1557 of the ACA" Topic

FCC Accessible Communications Regulations – Legal Update Webinar Q & A

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In Tuesday’s webinar, Maria Browne from Davis Wright Tremaine outlined the requirements of the 21st Century Communications & Video Accessibility Act (CVAA), the Communications Act, and their impact on accessibility. This post contains Maria’s responses to audience questions posed during and after the presentation. Webinar Q & A Q: Does the Netflix lawsuit apply only to Netflix-created content or to all content Netflix hosts/shows? //MB: Plaintiffs alleged that Netflix violated Title III of the ADA by failing to provide equal access to its on-demand video streaming website, “Watch Instantly.”  Plaintiffs alleged that Netflix provided closed captioning for only a small percentage of the titles available on its website, and… Read More

Accessibility Legislation in the Healthcare Industry: Section 1557 of the Affordable Care Act

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Section 1557 of the Affordable Care Act (ACA) prohibits discrimination on the basis of disability. Section 1557 is not intended to stand alone but works in conjunction with other Federal anti-discrimination and civil rights legislation. Specifically, the law reiterates the prohibitions for discrimination already present in Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the Americans with Disabilities Act (ADA) of 1990. To that extent, it can be argued that everything covered under Section 1557 is already covered under current laws. We did an extensive series about Section 1557 in late 2016, which… Read More

The Impact of Trump’s Executive Order on Web Accessibility

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On January 30, President Trump signed an executive order to curtail regulations and the cost associated with them. One of the notable provisions in the executive order mandates “for every one new regulation issued, at least two prior regulations be identified for elimination.” The executive order will have significant impact on digital accessibility. As a recent post on Seyfarth Shaw’s ADA Title III blog points out, new Department of Justice (DOJ) regulations for public accommodation websites, originally anticipated for 2018, will likely be stalled. We concur with Seyfarth Shaw’s assessment that the lack of clear guidelines for public accommodation websites… Read More

What Will a Trump Presidency Mean for Digital Accessibility?

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In the wake of Donald Trump’s election to the presidency, many are wondering how the new administration will affect the digital accessibility space. In the short term, we see it as unlikely that a Trump presidency will have a major impact on the status quo. The Americans with Disabilities Act Donald Trump has never specifically addressed the Americans with Disabilities Act (ADA), so it is difficult to predict what his stance would be. In the past, scaling back rights for people with disabilities has proven to be politically unpopular. Given that neither advancing nor curtailing the ADA is among Trump’s… Read More

Section 1557 of the Affordable Care Act – Privacy Considerations

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This is the fifth and final article in a five-part series on accessibility and the Affordable Care Act. Please click here for parts one, two, three and four.  In responding to the most recent draft of the Section 1557 regulations, a variety of commenters noted that there were many accessibility issues associated with covered programs and services that also touched on patient confidentiality and privacy. For example: A blind patient is asked to complete required new patient documentation for their doctor. That documentation is inaccessible. Visual assistance is provided by a third party (nurse, friend, administrator) who helps the patient complete the forms. When… Read More

Section 1557 of the Affordable Care Act – Technical Standards

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This is the fourth article in a five-part series on accessibility and the Affordable Care Act. Please click here for parts one, two, three and five.  The Section 1557 regulations do not require conformance to a specific standard such as the Web Content Accessibility Guidelines (WCAG) 2.0 AA requirements. HHS contemplated doing so in the creation of the regulation but “OCR has decided not to adopt specific accessibility standards at this time” (81 FR 31426). While the HHS does not require conformance to a particular set of standards, the office “strongly encourages covered entities that offer health programs and activities through electronic and information technology to… Read More

Section 1557 of the Affordable Care Act – Systems Covered

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This is the third article in a five-part series on accessibility and the Affordable Care Act. Please click here for parts one, two, four and five.  Section 1557 requires covered entities to make all health programs and activities provided through electronic and information technology accessible. This requirement is wide ranging and broadly relates to any aspects of the health care program or service provided in a digital form. This would include: Access to an online appointment system Accessible electronic billing and statements Comparison of health plans offered through a health insurance marketplace Information on the specific plan and benefits provided It is important to note that OCR… Read More

Section 1557 of the Affordable Care Act – Implementing Accessibility Regulations

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This is the second article in a five-part series on accessibility and the Affordable Care Act. Please click here for parts one, three, four and five.  The section “Accessibility of electronic and information technology” (45 CFR § 92.204) contains the implementing regulations for Section 1557 of the Affordable Care Act. The rule provides for broad protection for individuals with disabilities and requires covered entities to make all programs and activities provided through digital channels to be accessible. The first requirement—paragraph (a)—defines the core of the regulation which requires that “health programs or activities provided through electronic and information technology are accessible to individuals with disabilities.” Paragraph (b)… Read More

Digital Accessibility in Health Care – Section 1557 of the Patient Protection and Affordable Care Act

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This is the first article in a five-part series on accessibility and the Affordable Care Act. Please click here for parts two, three, four and five.  Section 1557 of the Affordable Care Act (ACA) prohibits discrimination on the basis of a variety of different classifications—such as race and sex—but most notably for us, prohibits discrimination on the basis of disability. Section 1557 is not intended to stand alone but works in conjunction with other Federal anti-discrimination and civil rights legislation. The overall requirements of Section 1557 have been in effect since their enactment in 2010, and the HHS Office for Civil… Read More

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