When most physical therapists think of the Americans with Disabilities Act, their first thought is probably not related Web site of a rehabilitation provider. However, this particular area of the ADA Compliance has recently become a growing concern of area to be recognized. Specifically, Title III of the Americans with Disabilities Act of 190 (the "ADA") requires "accommodations" be accessible to persons with disabilities. Although the ADA does not specifically address the websites, the courts saw an increase in lawsuits against companies claiming that their sites are not fully accessible to disabled people and therefore does not comply with the ADA.
the courts are divided on how ADA applies to websites. the 3rd, 6th, 9th and 11th circuits found that title III of the ADA applies to websites with a store or associated physical location. the 1st, 2nd and 7th circuit Courts have applied a broader standard, into a place of public accommodation need not be a physical structure. in addition, the author of this post is aware of many circumstances in which the companies were the subject of a mediation in an effort to resolve ADA compliance issues site.
Although courts are divided, the Department of Justice (the "DOJ") has long held the position that the ADA applies to websites. Despite this position, the Department of Justice has consistently delayed the publication of the proposed amendments to the ADA specifically on websites. In fact, the Department of Justice recently announced that the proposed amendments to the ADA would not be released before 2018. Site owners are left with the risk of litigation, with no real clarity or certainty as to how ADA applies to websites and specific set of standards should be implemented to ensure full compliance.
to reduce the risk of litigation, physiotherapy providers and other companies should take steps now to implement best practices and industry standards to improve accessibility for disabled people. These improvements should include respect for the Accessibility Guidelines Web Content (WCAG) 2.0 AA to a minimum. https://www.w3.org/WAI/intro/wcag These improvements should be made not only to traditional sites, but also for mobile applications. Website owners should also periodically check improvements or enhancements are made to ensure ongoing compliance.
- Bio
- Recent posts
Paul J. Welk
Paul is president of Tucker Arensberg Attorneys health law / health information Technology Industry Group and focuses his practice on corporate law and health care. As such, it represents physiotherapists, doctors, dentists, nonprofit organizations, professional organizations and other entities and commercial companies.
Some of the operations and recent clients, he has worked on include the representation of
- multiple physiotherapy professional associations State on a variety of issues
- private multiple physiotherapy practices with the development and implementation of property succession plans
- a venture capital firm with the dollar acquisition of shares of a target company $ 13 million
- therapy providers multiple physical in successful calls third-party payers
- multiple buyers of real estate assets and associated dental practices
- multiple physical therapy providers regarding the transfer of partial ownership and trading of governance and Documents shareholders
- physiotherapy multiple providers with assets and stock acquisitions and disposals
- a manufacturing company to negotiate a purchase of shareholder disputes and stocks
- a service provider to negotiate a yearly service contract for $ 5 million
- a listed company regarding the merger of two wholly owned subsidiaries
- two listed companies regarding the ongoing review of the distribution contracts, supply and service
- a seller of a skilled nursing and real estate related
- Several regional networks of rehabilitation providers on a variety of issues including training and ongoing operations
- a large physician practice in its sale to a health system
practice Areas: business and corporate law, health law, mergers and acquisitions
articles and presentations: Paul regularly lectures and writes on topics related to business law and health and is the author of foundation of the legal impact, a regular column in the American Physical Therapy Association impact Magazine Private Practice Section
associations and activities. Paul is a member of the Chair of Pennsylvania American physical therapy associations and past physical Committee of the American Association of therapy on risk management and member benefits. He is also member of the Medical Ethics Committee Bloomsburg supply, the School of Physiotherapy Advisory Board Duquesne University, the Pennsylvania Bar Association, and the American Lawyers Health Association. He is an assistant instructor at the School of Physical and a registered physiotherapist in the Commonwealth of Pennsylvania University of St. Francis
Jurisdictions: .. Paul is licensed to practice law in Pennsylvania
Education and background: Paul received his bachelor of science and a Masters in physical therapy with honors from Duquesne University and his law degree with honors from the University of Pittsburgh. He was Associate Editor of the University of Pittsburgh School of Law Journal of Law and Commerce and received the CALI Excellence Award for the future and Esther F. Teplitz Awards for academic achievement in the law program health. Paul graduated from the University of Pittsburgh School of Health Law Certificate Program Law.
Latest posts by Paul J. Welk ( see all)
- Phase 2 of HIPAA ongoing checks - March 25, 2016
- Websites and the Americans with Disabilities Act - An often overlooked risk - March 14, 2016
- HHS publishes guidelines on patient access to records under HIPAA - February 2, 2016
- physical supplier, voice and occupational therapy services Agrees to $ 38 million False Claims Act Settlement - November 12, 2014
- A Free Ride to PT - What is the risk - October 15, 2014
No comments:
Post a Comment