OCR expressly cited consistency with DOJ's Title II rule as a reason for the extension.

On May 7, 2026—four days before the original May 11 compliance deadline—the Department of Health and Human Services’ Office for Civil Rights (OCR) published an interim final rule extending its Section 504 web content and mobile application accessibility compliance dates by one year. The interim final rule took effect immediately on publication.

The extension parallels the Department of Justice's recent extension of its Title II web accessibility rule and was driven by the same concerns: that community health centers, federally qualified health centers, smaller hospitals and other small and medium-sized HHS-funded recipients would not be able to meet the original deadlines given resource constraints, vendor dependency for PDF and content remediation and significant litigation exposure under Section 504's private right of action and fee-shifting provision.

The New Deadlines

Section 504 applies to any organization that receives HHS funding—hospitals and hospital systems, community health centers, federally qualified health centers, nursing homes participating in Medicare or Medicaid, state Medicaid and human services agencies, child welfare providers and HHS-funded colleges, universities and research institutions, among others. If your organization takes HHS dollars in essentially any form (grants, cooperative agreements, loans or property), the new deadlines below apply:

The interim final rule changes only the timing. The technical standard remains WCAG 2.1 Level AA, and the rule's substantive scope is unchanged—it continues to apply to web content and mobile apps that recipients provide directly or through contractual, licensing or other arrangements with third parties.

What the Extension Does Not Do

The interim final rule does not relieve recipients of their other Section 504 obligations, including the duty under 45 CFR 84.68(b)(7) to make reasonable modifications to ensure accessibility. OCR specifically flagged that HHS-funded colleges and universities are still expected to make course materials accessible to students with disabilities and that state Medicaid agencies are still expected to keep enrollment information and applications accessible to applicants with disabilities. The private right of action under Section 504 remains available during the extension period.

OCR also signaled that, absent further rulemaking, it "fully anticipates implementing the regulation at the new deadline." OCR is, however, considering a notice of proposed rulemaking on the substantive provisions of the 2024 rule during the extension period.

Alignment with DOJ

OCR expressly cited consistency with DOJ's Title II rule as a reason for the extension. That matters for the many HHS-funded entities that are also Title II public entities—state and local health departments, public hospitals, public universities and similar organizations—because they are now subject to the same revised compliance dates under both Title II and Section 504.

Comment Period

OCR is accepting comments on the interim final rule through July 6, 2026, and has specifically invited input on the rule's impact on recipients, the accuracy of its cost and benefit estimates and whether further rulemaking is warranted to reduce burdens on small recipients.

What to Do Now

The extra year is time to use, not a pause. HHS-funded recipients should:

• Continue WCAG 2.1 Level AA audits of primary websites, mobile apps and electronic documents (PDFs were a particular sore point identified in the rulemaking record);
• Review vendor, licensing and procurement contracts to confirm that accessibility obligations flow through to third-party content;
• Train staff who create or post web content so that new content does not add to the remediation backlog;
• Maintain processes to make reasonable modifications when accessibility issues arise during the extension period; and
• Consider commenting on the interim final rule before the July 6, 2026, deadline, particularly on cost and feasibility.

Entities also covered by DOJ's Title II rule should continue to track both rulemakings, as further substantive changes from either department remain possible.

For More Information

If you have any questions about this Alert, please contact J. Colin Knisely, any of the attorneys in our Website Accessibility and Privacy Compliance Litigation Group, any of the attorneys in our Technology, Media and Telecom Industry Group or the attorney in the firm with whom you are regularly in contact.

Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.