Hardware

Feds propose kiosk access requirements for disabled persons

Image courtesy of TES America LLC.

September 20, 2023

The U.S. Department of Health and Human Services has published a proposed rule to add new provisions that clarify requirements under section 504 of the Rehabilitation Act of 1973 prohibiting recipients of financial assistance from the department from discriminating on the basis of disability in their programs and activities.

The document, published in the Federal Register, said kiosks can be inaccessible to individuals with certain disabilities. The use of inaccessible kiosks can result in delays checking in, privacy concerns and the complete inability to check in for appointments.

The department has received information from individuals with physical disabilities who experienced difficulty reaching the controls on kiosks, or operating controls requiring tight grasping, pinching or twisting. Persons with hearing loss can be unable to operate a kiosk if audio commands or information are not offered in an alternative format.

Section 84.93 states that "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 or with the use of kiosks."

The department does not propose specific technical requirements for kiosks.

Programs can be made accessible by instituting alternative procedures. For example, a clinic can allow persons with disabilities to go directly to the personnel at the main desk to register for necessary services.

The proposed standards will not apply in cases where kiosks are closed functionality devices that don't rely on web content or mobile apps. However, recipients are still obligated to ensure individuals with disabilities are not subjected to discrimination in any activity that would occur at the kiosk, including information exchange.

The document noted that the U.S. Access Board is working on a rulemaking to amend the ADA Accessibility Guidelines to address the accessibility of fixed self-service transaction machines, self-service kiosks, information transaction machines and point-of-sale devices.

Comments may be submitted to the proposed rule before Nov. 11.