accessibility violations. Under the new Missouri law, a defendant that initiates substantial corrective measures within 90 days after receiving written notice may receive a rebuttable presumption that a subsequent claim is abusive. However, that presumption may be overcome if correc- tive measures are not reasonably com- pleted or if bad faith is shown. In practical terms, practices are still better positioned when accessibility issues are addressed proactively rather than reactively.
Beyond legal compliance considerations, accessible websites and digital tools help patients more easily obtain information, complete forms, communicate with the practice and access care.
A REMINDER ABOUT THIRD-PARTY WEBSITE & MARKETING VENDORS
Many practices rely on outside companies to manage websites, patient communica- tions, marketing platforms or digital ad- vertising. If your practice uses a third-party vendor, now is a good time to ask specifi c questions about accessibility compliance. Practices may wish to confi rm whether vendor services include:
• Website accessibility evaluations • WCAG 2.1 AA compliance eff orts • Ongoing monitoring or remediation • Accessibility support for online forms, PDFs and patient-facing content
Even when a third-party company builds or manages a website, the practice itself may still face compliance concerns if acces- sibility issues exist. Asking these ques- tions proactively can help practices better understand their responsibilities and avoid surprises later.
BOTTOM LINE
Missouri’s new law may provide some pro- tections against abusive litigation tactics, but it does not replace or eliminate broader federal accessibility expectations. Dental practices should continue monitoring developments and working with trusted vendors and legal advisors to evaluate their digital communications and online patient tools to ensure compliance.
Read the Missouri law passed at
senate.mo.gov/26info/ pdf-bill/tat/SB907.pdf. For federal requirement compliance, see ADA resources at the top of this page.
ISSUE 2 | SUMMER 2026 | focus 19
A dentist may be sued even if they didn’t make a major mistake?
Patients can fi le a malpractice claims for issues like miscommunication, lack of informed consent, or unexpected treatment outcomes. This is why having a strong malpractice carrier in your corner helps protect both your practice and your reputation.
Call MDIS for help with your Professional Liability policy.
2027
T
he rule applies to any entity that receives federal fi nancial assistance from HHS, either directly or indirectly. This includes dental
practices and dental clinics affi liated with hospitals or health systems; dental schools and academic dental programs; Medicaid and Children’s Health Insurance Program dental providers; community health centers with dental services; dental specialists; and dental researchers or companies receiving federal research funding. The ADA has published a digital accessibil- ity guide to help dental practices comply with the rule, which applies to all patient-facing digital tools, including practice websites and mobile apps; patient portals; online intake, consent and medical history forms; and online payment and billing systems. A one-page accessibility essentials tip sheet is also available for practices to download. Making digital content accessible means that everyone, including people with vision, hearing or mobility disabilities, can perceive, understand, navigate and interact with it. Accessibility also ensures content works with assistive technologies and does not rely on a single sense or ability to be usable. VISIT
BIT.LY/4E2YPUO FOR INFORMATION AND LINKS TO RESOURCES.
Accessibility Essentials for Dental Offices
A Quick Tip Sheet for Compliance & Patient Care WHY ACCESSIBILITY MATTERS
Dental practices are responsible for providing care that is accessible and non-discrimnatory.
Visit
ADA.org/AccessibilityTips or scan here to find out more and stay up-to-date on accessibility essentials.
LAWS THAT MAY APPLY TO YOUR PRACTICE
Americans with Disabilities Act
Requires accessible facilities, services, and employment practices.
Section 1557 — Affordable Care Act
Prohibits discrimination in health care based on disability, race, color, or age.
Section 504 — Rehabilitation Act of 1973
Applies to practices that receive federal financial assistance.
ACCESSIBILITY IS PART OF QUALITY DENTAL CARE
Proactive compliance improves patient trust and helps protect your practice.
EFFECTIVE COMMUNICATION IS REQUIRED
Pat Patients mus be a l mu t be b e tole to
under tand and par icipat in their care.
understand and participate in their ca
Examples of auxiliary aids and services:
DIGITAL & WEBSITE ACCESSIBILITY
Accessibility applies to patient-facing technology, including:
• Practice websites • Online forms & scheduling tools
• Patient portals and digital communication
Written notes or visual aids
SERVICE ANIMALS
Patients with service animals must be allowed in public and clinical areas.
PATIENTS WITH LIMITED ENGLISH PROFICIENCY
Practices may be required to provide language assistance to ensure effective communication.
Qualified sign language interpreters (when necessary)
BEST PRACTICES FOR DENTAL TEAMS
Train staff on accessibility and disability etiquette
Accessible patient forms and instructions
Have an accessibility plan in place
Respond promptly to accommodation requests
Document good-faith efforts © 2026 American Dental Association. All Rights Reserved. Updated: 5/7/26
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