ADA Website Accessibility Lawsuits against FQHCs are on the Rise

July 31, 2018

 

In order to avoid litigation, FQHCs should review their websites for compliance with the Americans with Disabilities Act (“ADA”).

As many of you heard, a few months ago there were a number of lawsuits brought against Federally Qualified Health Centers (“FQHCs”) or demand letters sent to FQHCs in which persons with visual impairments, or organizations representing these individuals, contended that the FQHCs’ websites were inaccessible to persons with visual or other similar disabilities.

While these lawsuits/demand were, for the most part, directed at FQHCs and providers in other state, unfortunately, in the last few months, we have seen a sharp increase in the number of these lawsuits being brought in the New York, New Jersey, Connecticut and Pennsylvania area against a variety of health care providers.  The lawsuits seek orders compelling the providers to revamp their websites, as well as monetary damages and attorney’s fees.  Garfunkel Wild is currently defending a number of health care providers in these lawsuits.

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For more information on the above legislation, please contact Jeff Adest, Roy Breitenbach or the Garfunkel Wild attorney with whom you usually work.