Department of HHS Dear Colleague Letter: Guidance and Resources for Electronic Information Technology: Ensuring Equal Access to All Health Services and Benefits Provided Through Electronic Means

Electronic Health Records

Finally, electronic health records (EHRs) of covered entities must be accessible to people with disabilities so that all patients are able to access their records and communicate effectively with their providers. To promote accessibility, EHRs can be adapted to make records screen-readable and provide descriptions of items such as x-rays or MRI results that would otherwise not be accessible to people with visual disabilities.

Failure to provide people with disabilities access to health programs offered through EIT, as required by Section 504, Section 1557, and Title II of the ADA, denies them the same privileges, benefits, services and advantages that are afforded to people without disabilities.

All entities subject to Section 504, Section 1557, and Title II of the ADA should review their EIT systems to ensure accessibility of their health programs for all persons with disabilities. Below are some resources that may help you determine if your EIT is accessible and what can be done to make it accessible if it is not.

• W3C’s Web Content Accessibility Guidelines (WCAG) 2.0: http://www.w3.org/TR/WCAG20/

• Guidance for Exchange and Medicaid Information Technology (IT) Systems: https://www.cms.gov/CCIIO/Resources/Files/Downloads/exchange_medicaid_it_guidance_0531 2011.pdf

• ADA Best Practices Tool Kit for State and Local Governments: Chapter 5, Website Accessibility under Title II of the ADA: http://www.ada.gov/pcatoolkit/chap5toolkit.htm.

Thank you for all your efforts to promote equal access in your health programs and activities, including those that are offered through EIT. 

Sincerely,

/ S /

Jocelyn Samuels