Industry-Specific Laws

Both Section 504 of the Rehabilitation Act and Section 1557 of the Affordable Care Act (ACA) have important implications for accessibility in healthcare settings, including the use of self-service kiosks.

Key Requirements

Section 504 of the Rehabilitation Act safeguards individuals with disabilities who receive benefits or services from federally funded programs in the United States, including Medicare. In May 2024, the U.S. Department of Health and Human Services (HHS) issued new regulations clarifying Section 504's application to HHS-funded programs and activities.

These regulations address kiosk accessibility, albeit without specific technical requirements. Instead, they provide a general mandate:

"No qualified individual with a disability shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity of a recipient provided through kiosks." (§84.83)

In the rule's commentary, HHS explains the absence of detailed technical specifications for kiosks. They note that the U.S. Access Board is currently developing comprehensive accessibility requirements for kiosks and other self-service closed systems. This forthcoming guidance is expected to provide more specific standards for kiosk accessibility in the future.

While Section 1557 of the ACA doesn't explicitly mention kiosks, it prohibits discrimination on the basis of disability in certain health programs and activities. This has been interpreted to include the accessibility of self-service kiosks in healthcare settings.

Enforcement Mechanisms

The Office for Civil Rights (OCR) at the Department of Health and Human Services is responsible for enforcing both Section 504 of the Rehabilitation Act and Section 1557 of the ACA. Their enforcement approach includes:

• Complaint Investigations: OCR investigates complaints filed by individuals who believe they've faced discrimination.
• Compliance Reviews: OCR can conduct proactive reviews to assess compliance with these laws.
• Corrective Action Plans: If violations are found, OCR can require entities to develop and implement corrective action plans.
• Resolution Agreements: OCR may enter into voluntary resolution agreements with covered entities to address potential violations.
• Referrals to the Department of Justice (DOJ): In cases of serious violations, OCR can refer cases to the DOJ for potential legal action.

Additionally, Section 1557 allows for private rights of action, meaning individuals can file lawsuits for alleged violations. This creates an additional enforcement mechanism and potential financial risk for non-compliant organizations.

The broad scope of these laws means that healthcare providers need to consider accessibility in all aspects of their operations, including any self-service kiosks they deploy.

The Air Carrier Access Act (ACAA) is a landmark piece of legislation that significantly impacts the airline industry's approach to accessibility, including the use of self-service kiosks in airports in the US.

Key Requirements

The ACAA has specific provisions for automated airport kiosks, including, but not limited to:

• At least 25% of kiosks installed after December 12, 2016, must be accessible
• All kiosks installed after December 12, 2023, must be accessible
• Accessible kiosks must be visually and tactilely identifiable
• Kiosks must provide an equivalent level of privacy and independence to users with disabilities

These requirements ensure that passengers with disabilities have access to the same self-service options as other travelers, promoting independence and equal access to airline services.

Enforcement Mechanisms

The U.S. Department of Transportation (DOT) is responsible for enforcing the ACAA. Their enforcement approach includes:

• Compliance Reviews: The DOT can conduct reviews to ensure airlines are meeting ACAA requirements.
• Complaint Investigations: The DOT investigates complaints filed by passengers regarding accessibility issues.
• Fines and Penalties: For non-compliance, the DOT can issue fines. These can be substantial, potentially reaching hundreds of thousands of dollars for serious or repeated violations.
• Corrective Action Plans: The DOT may require airlines to develop and implement plans to address accessibility issues.

Individuals also play a crucial role in enforcement. Passengers with disabilities can file complaints directly with the DOT if they encounter inaccessible kiosks or other ACAA violations. This complaint-driven process helps the DOT identify and address issues that might otherwise go unnoticed.

The ACAA's specific timeline for kiosk accessibility provides clear benchmarks for airlines and airports, making it easier to track compliance and enforce the law.

While the Dodd-Frank Act doesn't specifically mention kiosks, it created the Consumer Financial Protection Bureau (CFPB), which has broad authority to enforce accessibility in financial services.

Key Requirements

The CFPB's mandate to protect consumers in the financial sector extends to ensuring accessibility of financial services and products. This can potentially include ATMs and other financial kiosks. Key areas of focus include:

• Ensuring equal access to financial services for people with disabilities
• Preventing unfair, deceptive, or abusive practices that could disproportionately affect people with disabilities
• Promoting transparency and accessibility in financial disclosures and agreements

Enforcement Mechanisms

The CFPB has several tools at its disposal for enforcement:

• Investigations: The CFPB can investigate potential violations of consumer financial laws, including accessibility issues.
• Civil Investigative Demands: The CFPB can issue demands for documents and testimony as part of its investigations.
• Administrative Proceedings: The CFPB can bring administrative enforcement proceedings against entities that violate consumer financial laws.
• Civil Actions: The CFPB can file lawsuits in federal court to enforce consumer financial laws.
• Fines and Penalties: The CFPB can impose civil money penalties for violations. These can be substantial, potentially reaching millions of dollars for serious violations.
• Consent Orders: The CFPB often enters into consent orders with financial institutions to address violations, which may include requirements to improve accessibility.

The CFPB's broad authority and robust enforcement mechanisms create strong incentives for financial institutions to ensure their services, including any self-service kiosks, are accessible to all consumers.