On August 3, 2023, the Department of Justice published a Notice of Proposed Rulemaking (NPRM) proposing to update the regulations for Title II of the Americans with Disabilities Act (ADA) to better ensure web and mobile app accessibility for people with disabilities. The Department seeks public feedback on its proposal, which aims to clarify how State and local governments can meet their existing ADA obligations as their activities increasingly shift online.

Under Title II of the ADA, state and local governments’ services, programs, and activities must be accessible to people with disabilities. In Title II, state and local governments are also called public entities. Title II applies to all programs, services, or activities of state and local governments, from adoption services to zoning regulation. This includes the services, programs, and activities that state and local governments offer online and through mobile apps.

Like the rest of Title II, the proposed rule would apply to all state and local government entities. Examples of these include:

• State and local government offices that provide benefits and/or social services, like food assistance, health insurance, or employment services
• Public schools, community colleges, and public universities
• State and local police departments
• State and local courts
• State and local elections offices
• Public hospitals and public healthcare clinics
• Public parks and recreation programs
• Public libraries
• Public transit agencies.

For a high-level summary of the NPRM, read the fact sheet. The Department has also published a press release. Members of the public can submit comments on the NPRMonline by October 3, 2023. Comments may also be mailed to the Disability Rights Section, Civil Rights Division, U.S. Department of Justice, P.O. Box 440528, Somerville, MA 02144.

Impact of state and local government entities and their applications, vendors, and advisors should review and comment on these proposed rules as well as began assessing their impact, and costs of compliance as soon as possible.

More Information

When investigating and responding to a violation, it is critically important to document the timing and details of the discovery of a potentially concern

We hope this update is helpful. For more information about the these or other health or other legal, management or public policy developments, please contact the author Cynthia Marcotte Stamer via e-mail or via telephone at (214) 452 -8297. 

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About the Author

Recognized by her peers as a Martindale-Hubble “AV-Preeminent” (Top 1%) and “Top Rated Lawyer” with special recognition LexisNexis® Martindale-Hubbell® as “LEGAL LEADER™ Texas Top Rated Lawyer” in Health Care Law and Labor and Employment Law; as among the “Best Lawyers In Dallas” for her work in the fields of “Labor & Employment,” “Tax: ERISA & Employee Benefits,” “Health Care” and “Business and Commercial Law” by D Magazine, Cynthia Marcotte Stamer is a practicing attorney board certified in labor and employment law by the Texas Board of Legal Specialization and management consultant, author, public policy advocate and lecturer widely known for 35+ years of workforce and other management work, public policy leadership and advocacy, coaching, teachings, scholarship and thought leadership.

A Fellow in the American College of Employee Benefit Counsel, Vice Chair of the American Bar Association (“ABA”) International Section Life Sciences and Health Committee, Past Chair of the ABA Managed Care & Insurance Interest Group, Scribe for the ABA JCEB Annual Agency Meeting with HHS-OCR, past chair of the ABA RPTE Employee Benefits & Other Compensation Group and current co-Chair of its Welfare Benefit Committee, Ms. Stamer’s work throughout her 35 year career has focused heavily on working with health care and managed care, health and other employee benefit plan, insurance and financial services and other public and private organizations and their technology, data, and other service providers and advisors domestically and internationally with legal and operational compliance and risk management, performance and workforce management, regulatory and public policy and other legal and operational concerns. As an ongoing component of this work, she regularly advises, represents and defends businesses on Guideline Program and other compliance, risk management and other internal and external controls in a wide range of areas and has published and spoken extensively on these concerns.

Ms. Stamer also is widely recognized for her decades of pragmatic, leading edge work, scholarship and thought leadership on workforce, compensation, and other operations, risk management, compliance and regulatory and public affairs concerns.

For more information about Ms. Stamer or her health industry and other experience and involvements, see www.cynthiastamer.com or contact Ms. Stamer via telephone at (214) 452-8297 or via e-mail here. 

Solutions Law Press, Inc.™ provides human resources and employee benefit and other business risk management, legal compliance, management effectiveness and other coaching, tools and other resources, training and education on leadership, governance, human resources, employee benefits, data security and privacy, insurance, health care and other key compliance, risk management, internal controls and operational concerns. If you find this of interest, you also be interested reviewing some of our other Solutions Law Press, Inc.™ resources available here.  

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