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Greater New York Council of the Blind

A chapter of the American Council of the Blind of New York; An affiliate of the American Council of the Blind

ACB National Legislative Imperatives for 2024

The Websites and Software Applications Accessibility Act

Background

Access to websites, applications and online services impacts most aspects of everyday life, and the COVID-19 pandemic has made digital inclusion more important than ever. However, the Department of Justice has not finalized enforcement standards that clearly state websites, applications, and online services must be accessible to people who are blind, low vision, and Deafblind. As a result, people who are blind, low vision, and Deafblind face countless barriers when accessing workplace portals, educational platforms, healthcare and public health information, transportation services, shopping, and entertainment over the Internet.

There is a need for clear guidance to the Department of Justice to finalize and implement enforceable online information access standards. These standards must include a strong functional definition of accessibility and should not require any person to exhaust administrative processes or notify website and application owners and operators that their online services are violating the rights of people with disabilities.

On September 28, 2023, Sen. Tammy Duckworth (D-IL) introduced The Websites and Software Applications Accessibility Act (S. 2984) in the Senate. Rep. John Sarbanes (D-MD) and Rep. Pete Sessions (R-TX) introduced a House companion bill, H.R. 5813. This bill would establish clear and enforceable accessibility standards for websites and software applications. The bill uses a functional definition of accessibility, ensuring that any regulations created after this bill is passed and signed into law remain evergreen and up to date with new and emerging technology. The Websites and Software Applications Accessibility Act would clarify that it is unlawful for the entities currently covered by the ADA to maintain inaccessible websites and applications that exclude or otherwise discriminate against people with disabilities. It would establish a clear, enforceable accessibility standard, and establish a technical assistance center and advisory committee to provide advice and guidance on accessible websites and applications. It would also authorize a study on addressing emerging technologies. The bill is bipartisan in the House of Representatives.

Call to Action
ACB calls on Congress to support and pass The Websites and Software Applications Accessibility Act in the 118th Congress in both the House of Representatives and in the Senate. When speaking with your Member of Congress, either in person or virtually, be sure to describe your experiences using inaccessible websites and applications in your daily life, and what having access to fully accessible websites and applications would mean for you.

­Communications, Video, and Technology Accessibility Act

Background

The Twenty-First Century Communications and Video Accessibility Act (CVAA) guaranteed access for people with disabilities to advanced communications services, telecommunications hardware and software, accessible video displays and user interfaces and digital apparatuses, and required the delivery of audio-described content. For more than ten years, ACB and its members have worked to implement and enforce the CVAA, and in several key aspects, we have reached the limits of what the CVAA is able to enforce through regulation.

More than a decade since the passage of the CVAA, not all people in the United States are able to receive audio-described content from their local broadcast television stations. Despite every broadcast network being required to support accessible emergency alerts, which use the same technology as audio description, only 90 of the 210 broadcast designated market areas are required to pass through audio-described content to consumers.

The Federal Communications Commission has maximized the amount of audio-described content it may require broadcasters and cable programmers to provide at 87.5 hours per quarter, or roughly one hour per day of audio-described content.

The CVAA was implemented prior to online streaming video becoming a routine part of video entertainment and everyday life. As a result, the CVAA audio description and accessible video user interface requirements only apply to broadcast and cable programming; video streaming applications are not required to be accessible to people who are blind, low vision, and Deafblind.

The CVAA implemented accessibility requirements for text and audio advanced communications services; however, video conferencing services, which are utilized for everything from school to work, telemedicine, and social and community gatherings, remain undefined and do not have corresponding accessibility requirements.

On July 25, 2023, Sen. Edward J. Markey (D-MA) and Rep. Anna G. Eshoo (D-CA) introduced the Communications, Video, and Technology Accessibility (CVTA) Act (S. 2494 and H.R. 4858). The CVTA reaffirms our nation’s commitment to accessible communications and video technologies for people who are blind, low vision, and Deafblind. Once passed, this legislation will:



Call to Action

ACB urges the House and Senate to support and pass the Communications, Video, and Technology Accessibility Act to ensure that video entertainment and communications are accessible to everyone. When meeting with your member of Congress, please share with them the difficulties that you have in locating and watching audio-described content on broadcast television, cable, and when streaming video content online. Please share with them what it would mean for you to have access to all video content with audio description, and what it would mean for you to be able to access audio-described content independently through accessible user interfaces for online video services. And finally, tell your members of Congress that the Federal Communications Commission must ensure accessible access to video conferencing services, as they have for text and audio advanced communications services. Tell your members of Congress that you want them to support and co-sponsor the Communications, Video, and Technology Accessibility Act (CVTA), once reintroduced in the 118th Congress.

Medical Device Nonvisual Accessibility Act

Background

The majority of home-use medical devices and outpatient equipment utilize digital display interfaces that are inaccessible to blind and low-vision users. Devices such as glucose monitors, blood pressure readers, and at-home chemotherapy treatments do not have any non-visual accessibility features like text to speech output, tactile markings, or audible tones built in. As a result, blind and visually impaired individuals cannot use them safely, making it difficult for these individuals to manage their health independently.

According to the Centers for Disease Control and Prevention, adults with vision loss are at a higher risk for further health complications and co-morbid conditions. Diabetes-related vision loss and old age are two of the leading causes of vision loss in the United States, both of which could lead to further health complications. It is therefore imperative that blind and low-vision individuals have access to the equipment and devices necessary to manage their health and prevent further health complications, and that the equipment and devices are accessible with speech output and tactile markings. The COVID-19 pandemic has also underscored the need for accessible medical equipment and the need for blind and low-vision individuals to be able to manage their health and wellness safely and independently, especially during a public health emergency.

On March 1, 2023, Rep. Jan Schakowsky (D-IL) introduced the Medical Device Nonvisual Accessibility Act (H.R. 1328) in the House of Representatives. The goal of this act is to make home use medical equipment and devices accessible to blind and visually impaired individuals in the United States. If passed, this legislation would amend the federal Food, Drug, and Cosmetic Act to establish non-visual accessibility standards for Class II and III devices with digital interfaces. Class II and III devices include devices that are more invasive and involve a higher risk of injury or death, so it is much more important that these devices are used safely and as directed. The FDA would, in consultation with the U.S. Access Board, set regulations and a final rule according to those standards. The passage of this legislation would make it easier for people who are blind and low vision to manage their health safely and independently by ensuring that product manufacturers incorporate accessible design in the beginning stages of development for home use medical devices. This bill has 53 co-sponsors and is bipartisan with 4 Republicans and 49 Democrats. On January 18, 2024, a bipartisan Senate companion bill (S. 3621) was introduced by Senators Maggie Hassan (D-NH) and Mike Braun (R-IN).

Call to Action

ACB calls on Congress to support and pass the Medical Device Nonvisual Accessibility Act in the House of Representatives and Senate. When speaking with your member of Congress, be sure to describe the challenges you have faced while using inaccessible home-use medical devices such as heart rate monitors, glucose monitors, pulse oximeters, blood pressure readers, insulin pumps, etc., and explain to them what having access to these devices would mean to you, especially when it comes to managing your health and well-being, both privately and independently.

The Medicare and Medicaid Dental, Vision, and Hearing Benefits Act

Background

In 2008, The Centers for Medicare and Medicaid Services (CMS) adopted regulations prohibiting Medicare and Medicaid coverage of eyeglasses and any device that uses lenses. The regulation, known as the Eyeglass Exclusion, also prohibited coverage of devices designed to aid individuals with low vision, including handheld magnifiers, video magnifiers, and other devices necessary to enable such individuals to access and interpret visual and written information. These devices are vital to enhance independence and improve quality of life for individuals with low vision. Devices designed to magnify and improve the readability of text enable low-vision individuals to access information found on prescription medicine bottles, street and building signage, and other safety and security information. Access to low-vision devices is thus a crucial component of maintaining one’s mental and physical health.

Low-vision devices can often be out of reach for many individuals with Medicare or Medicaid benefits due to cost. Such devices are vital to maintaining health and avoiding complications resulting from mismanaged health and sedentary lifestyles. (These devices often mean the difference between remaining in one’s own home or community and being placed or remaining in an institutionalized setting.)

If people with low vision are unable to access valuable information relating to medication or feel unsafe going out and participating in their communities due to not having the right tools, then their mental and physical health will suffer. It is time for CMS to rescind the detrimental low-vision device exclusion and start providing coverage for low-vision devices like magnifiers and other devices that enhance color contrast and lighting conditions. Such devices are necessary to improve quality of life for low-vision individuals and allow them to remain in their community.

Call to Action

On March 16, 2023, Sen. Bob Casey (D-PA) introduced the Medicare and Medicaid Dental, Vision, and Hearing Benefits Act (S. 842) to enable CMS, under the Medicare program, to cover routine vision care, including low-vision devices prescribed by a doctor and which would permit a state to cover these devices under its Medicaid program. Rep. Lloyd Doggett (D-TX) introduced a similar bill that does not include Medicaid coverage for low vision devices (H.R. 33) on January 9, 2023.

ACB calls on Congress to pass the Medicare and Medicaid Dental, Vision, and Hearing Benefits Act. When meeting with your member of Congress, be sure to tell them what having access to visual and textual information with the proper tools and devices, especially if you have low vision or live with individuals who do, would mean for you, and explain what barriers exist that impede your ability to manage your health safely and independently.

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