WebAIM - Web Accessibility In Mind

E-mail List Archives

Re: Is the accessibility of a 3rd party that represent me still my concern?

for

From: Moore,Michael (Accessibility) (HHSC)
Date: Mar 28, 2016 3:22PM

Section 504 is really much more general - unlike 508 there are not specific guidelines for accessibility of ICT. It simply states that people cannot be discriminated based upon their disability in the provision of programs that receive federal funding.

One recent example is the following case.

This lawsuit, entitled Figueroa v Burwell , wants "to require HHS to provide blind individuals meaningful and equally effective access to their Medicare information, as required by Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794"
The suit claims that:
' CMS regularly communicates information to blind persons using inaccessible electronic formats and print. By doing so, the suit alleges, blind beneficiaries have faced loss of benefits and health care disruption.
' In response to Section 504 complaints filed in 2011 and 2012 with the OCR under Section 504, CMS had entered into an agreement that set forth a time period within which CMS was to take specified actions to provide effective communications for individuals with disabilities consistent with Section 504. CMS allegedly was required to complete a "Long Term Action Plan" by April 15, 2015, to provide effective cross disability communication access and appropriate auxiliary aids and services to CMS beneficiaries and consumers. The suit alleges that no such action plan was provided.

So in other words CMS agreed to fix the accessibility problems in 2011 and 2012, didn't do it and wound up back in court...

Mike Moore
Accessibility Coordinator
Texas Health and Human Services Commission
Civil Rights Office
(512) 438-3431 (Office)