The HHS Web Rule and ADA Title II are two separate federal regulations that both require WCAG 2.1 AA conformance for web content and mobile apps, but they apply to different entities and operate under different legal authorities. The HHS Web Rule, issued under Section 504 of the Rehabilitation Act, covers recipients of federal financial assistance from the Department of Health and Human Services. ADA Title II, issued by the Department of Justice, covers state and local government entities. Some organizations are subject to both. The standards are aligned, but the scope, enforcement, and exceptions differ in ways that matter for planning.
| Factor | HHS Web Rule | ADA Title II |
|---|---|---|
| Legal authority | Section 504 of the Rehabilitation Act | Title II of the Americans with Disabilities Act |
| Issuing agency | Department of Health and Human Services | Department of Justice |
| Who it covers | Recipients of HHS federal financial assistance | State and local government entities |
| Technical standard | WCAG 2.1 Level AA | WCAG 2.1 Level AA |
| Scope | Websites and mobile apps used in covered programs | Web content and mobile apps of public entities |
The legal foundations are different
ADA Title II is grounded in the Americans with Disabilities Act. The DOJ published its final rule in April 2024, setting WCAG 2.1 AA as the technical standard for web content and mobile apps of state and local government entities.
The HHS Web Rule is grounded in Section 504 of the Rehabilitation Act, which prohibits disability discrimination by recipients of federal financial assistance. HHS published its final rule in May 2024, also setting WCAG 2.1 AA for websites and mobile apps used in connection with covered health programs and activities.
Two agencies. Two statutes. Same technical target.
Who has to comply with each?
ADA Title II applies to state and local government entities. Cities, counties, public school districts, state colleges and universities, public libraries, transit agencies, and similar public bodies all fall under it.
The HHS Web Rule applies to entities that receive federal financial assistance from HHS. This includes hospitals and health systems that accept Medicare or Medicaid, federally qualified health centers, state Medicaid agencies, and many nonprofit health and human services providers. A state-run hospital could be covered by both regulations at once.
What content is covered?
Both rules apply to web content and mobile apps. That includes public-facing websites, patient portals, scheduling tools, intranets used by covered programs, and native mobile apps.
Each rule has its own list of exceptions. ADA Title II carves out archived web content, preexisting conventional electronic documents, content posted by third parties, individualized password-protected documents, and preexisting social media posts under defined conditions. The HHS rule has comparable but not identical exceptions tailored to health programs. Read the exceptions carefully for the rule that applies to your entity. Assumptions made for one regulation do not carry over to the other.
When do the rules go into effect?
ADA Title II compliance dates depend on population size. Public entities with 50,000 or more people had to comply by April 24, 2026. Smaller entities and special district governments have until April 26, 2027.
The HHS Web Rule went into effect in July 2024, with compliance dates tied to entity size. Larger covered entities had until May 2026, smaller ones until May 2027. The deadlines are close but not identical to the Title II schedule, which can matter for organizations subject to both.
How enforcement works
ADA Title II is enforced by the DOJ and through private lawsuits. State and local entities that fall short can face federal investigation, settlement agreements, and litigation from individuals.
The HHS Web Rule is enforced by the HHS Office for Civil Rights through complaint investigations, compliance reviews, and the possibility of losing federal funding. For a health system that depends on Medicare and Medicaid reimbursement, funding risk is a serious consequence on its own.
What it means if you’re covered by both
A state university hospital, a county health department, or a public health clinic could be subject to both ADA Title II and the HHS Web Rule. The good news is the technical standard is the same: WCAG 2.1 AA. One evaluation, one remediation effort, and one set of documentation can address both requirements.
The work to map is around exceptions, compliance dates, and enforcement reporting. If both rules apply, plan to the earlier deadline and the stricter exception list.
Practical path to conformance
Whichever rule applies, the work looks similar. Take inventory of digital assets. Conduct a manual accessibility evaluation against WCAG 2.1 AA. Prioritize remediation by user impact and legal risk. Validate fixes. Confirm policies, training, and procurement processes support ongoing conformance.
Scans only flag approximately 25% of issues, so they cannot determine conformance on their own. A manual evaluation identifies the rest and gives you an actionable report tied to specific success criteria.
Does WCAG 2.2 AA satisfy either rule?
Both rules set WCAG 2.1 AA as the standard. Conforming to WCAG 2.2 AA can satisfy the requirement because 2.2 builds on 2.1, but the regulatory text references 2.1. Most entities adopting 2.2 do so by choice, not obligation.
Are nonprofits covered by the HHS Web Rule?
Many are. If a nonprofit receives federal financial assistance from HHS, such as grants to a community health center or a human services program, the rule applies to the websites and mobile apps used in those programs. Nonprofits that do not receive HHS funding are not covered by this rule, though Title III of the ADA may still apply.
Does the HHS Web Rule replace Section 508?
No. Section 508 applies to federal agencies and their procurement of ICT. The HHS Web Rule applies to recipients of HHS funding under Section 504. They sit in different parts of the federal accessibility framework.
Can one evaluation cover both rules?
Yes. Because both rules use WCAG 2.1 AA, a single evaluation against that standard produces a report that supports conformance work for both. Documentation, policies, and statements may need to reference each rule separately.
The simplest way to think about it: ADA Title II is about who you are (a state or local government entity), and the HHS Web Rule is about where your money comes from (HHS federal financial assistance). The technical work to comply is largely the same. The legal scope is what makes them distinct.
For help mapping your obligations and planning conformance work, contact Kris Rivenburgh.