On The Record . . .
Official Newsletter of BERTOLINO LLP

May 2026

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Our Firm


Tony R. Bertolino, Esq.

Managing Partner


Sheri L. Middlemas

Chief Operating Officer


Senior Associates:

Troy Beaulieu, Esq.

LaJuana Acklin, Esq.

Kerry Bloodsaw, Esq.



Associates:

Amy Cadwell, Esq.

Susan Dellamea, Esq.


Legal Support:

Melissa Hooper, Manager

Valerie Rivera, Paralegal

Evan Looney, Assistant


Client Success:

Jasen Dalus, Manager

Donald "DJ" Collora


London de la Teja

Accounts Receivable Manager


Cimone Murphree

Public Education & Regulatory

Awareness Manager


Dena Lackey

Marketing Specialist


Colleen Raza

Firm Receptionist


May 11, 2026: Is Your Healthcare

Practice Ready for the New Federal Accessibility Requirements for Disabled Patients?


By Tony Bertolino, Esq.


Many healthcare providers still have no idea that a significant federal accessibility deadline is approaching less than week, even though it could create serious regulatory and legal consequences for their practices. And if your healthcare practice accepts Medicare or Medicaid, this issue may affect much more than just your website. It can affect your patient portal, online appointment scheduling, intake forms, mobile applications, telehealth systems, and other digital tools your patients, and prospective patients, use every day.

 

Under updated federal rules issued by the U.S. Department of Health and Human Services (HHS), many healthcare providers across the nation must ensure that their digital platforms comply with WCAG 2.1 Level AA accessibility standards by May 11, 2026.

 

For many providers, this is not simply an IT issue. It is a state and federal regulatory issue. It can affect licensing matters, credentialing reviews, reimbursement concerns, civil litigation exposure, and how a provider responds if a complaint is filed.

 

What Changed?

 

In May 2024, HHS issued a major update to Section 504 of the Rehabilitation Act of 1973. For the first time, the federal government established specific accessibility standards for healthcare providers, businesses and organizations receiving federal financial assistance, including Medicare and Medicaid payments.

 

In practical terms, the rule requires covered providers to ensure that disabled patients can meaningfully access and use their digital systems and services.

 

That includes allowing existing and prospective disabled patients to:


• Schedule treatment appointments online


• Complete in-take forms electronically


• Access patient portals


• Navigate websites using screen readers and similar assistive technologies


• Use telehealth and other digital healthcare tools without accessibility barriers

 

Healthcare businesses with 15 or more employees generally must comply with these new rules by May 11, 2026. Smaller covered providers typically have until May 10, 2027.

 

Who is Affected by this New Rule?

 

The reach of this rule is quite broad and may apply to:


  • Physicians and medical groups/practices


  • Dentists and dental groups


  • Nurse practitioners and advanced practice providers


  • Chiropractors


  • Physical therapists and occupational therapists


  • Mental health professionals


  • Hospitals, clinics, and long-term care facilities


  • Other healthcare providers participating in Medicare or Medicaid programs

 

One common mistake is assuming these new rules only apply to large hospital systems. However, that assumption will almost certainly create unnecessary exposure for smaller private practices and healthcare groups that employ 15 or more employees.

 

Mere Website Compliance is Not Enough

 

Many providers initially view this as a technical website issue that can be easily fixed by an SEO or IT service. However, this is much more than a technical issue. Federal law empowers the HHS Office for Civil Rights (OCR) to investigate complaints and conduct compliance reviews involving alleged accessibility violations. And in some situations, healthcare providers could risk losing federal funding and being slapped with heavy fines.

 

In addition, federal law allows individuals to file private lawsuits and collect damages against violators. Accessibility-related litigation has increased substantially over the last several years, and healthcare providers are likely to receive greater scrutiny as these deadlines approach.

 

For licensed professionals, the risk may extend even further. A federal accessibility complaint or OCR investigation can later appear in state licensing board matters, credentialing reviews, employment applications and disclosures, and state licensing renewal proceedings.

 

Third-Party Vendors Do Not Necessarily Eliminate Your Risk

 

Another common misconception involves third-party software vendors. Many healthcare providers assume that if a patient portal, scheduling platform, or electronic health record system was developed by an outside website company or host, the vendor alone bears responsibility for accessibility compliance. That is the wrong interpretation of the law. Federal regulators may still view the healthcare provider as responsible for ensuring that disabled patients can access and use the digital tools made available through the practice, regardless of who sold, designed or operates the software.

 

Be Proactive and Not Reactive

 

Waiting until after receiving a complaint, demand letter, or federal inquiry can significantly limit a provider’s options. Early responses to an investigation often shape what happens later, including potential licensing, credentialing, employment, or reimbursement consequences.

 

The May 11, 2026 deadline is approaching quickly, yet many healthcare providers across the nation still do not know whether their websites and digital systems satisfy this new change in federal law. Providers who address these issues before the deadline place themselves in a much stronger position than providers forced to react after a complaint has already been filed.

 

Final Note

 

I highly urge all practitioners who accept federal financial assistance payments to begin evaluating their digital platforms before accessibility concerns turn into larger regulatory, licensing, or litigation problems. Addressing these issues now will allow providers to assess potential exposure carefully, make informed decisions, and avoid responding under the pressure of an active complaint or investigation.

Team Bertolino Welcomes Susan Dellamea,

Our New Associate Attorney

Susan Dellamea brings a unique blend of litigation, investigative, and technical expertise to Bertolino LLP. A former Harris County prosecutor and registered patent attorney, Susan has represented clients in complex civil, intellectual property, and commercial litigation matters ranging from patent and trademark prosecution to housing, consumer, and trial-level disputes. Known for her strong investigative and evidentiary skills, she excels at managing complex discovery, building compelling cases, and negotiating favorable resolutions. Susan holds a chemistry degree from the The University of Texas at Austin, an MBA from Texas A&M University–Corpus Christi, a JD from Oklahoma City University, and an LLM in Intellectual Property and Information Law from University of Houston. She is also currently completing a certificate in AI and Data Science through the McCombs School of Business at The University of Texas at Austin.

Limited Series: "Sheri-isms" in Action

“Different isn’t wrong. Control the mindset.” 

by Sheri Middlemas

In operations, we love control. Systems, processes, and timelines are clean, predictable, and measurable. It’s where we thrive, especially those of us INTJ personalities.   


That said, my decades of experience have taught me this: control is a myth. A controlled mindset, however, is not.


A controlled mindset isn’t about managing every outcome; it’s about how you lead when outcomes shift ... and they usually will. Priorities change, people pivot, and even the best strategies evolve in real time. 


This is where two principles come together: 


Control the mindset, not the moment; and, 

Just because it’s not your way, doesn't mean it’s the wrong way. (Yes, fellow INTJs, this one is difficult but hear me out). 


Without a controlled mindset, changes feel like resistance. You grip tighter, push harder, and mistake alignment for agreement. With a controlled mindset, you lead differently. You stay focused on the objective, even when the path changes. You create consistency for your team, not through rigidity, but through steadiness. Most importantly, you choose your response instead of reacting to the disruption. Often, the real challenge in operations is not the change itself, it’s our attachment to how we expected it to unfold. 


I’ve learned that structure is critical, but flexibility is where leadership lives. When you release the need to control every detail, you make room for better thinking, stronger collaboration, and smarter execution; even when it doesn’t look like your original plan. 


The best leaders are not the ones who control everything. They are the ones who stay in control of themselves and lead effectively anyway. 

Hallmark Achievements

Texas Appraiser Licensing and Certification Board v. MG 


Facts: MG hired Bertolino LLP to defend him against a complaint filed with the Board by Fannie Mae.  The complainant made accusations that MG had violated state law, the Uniform Standards of Professional Appraisal Practice (USPAP), and Board rules in connection with his appraisal of a residential property in a mortgage finance transaction.  These allegations threatened MG’s professional reputation and exposed him to potential discipline from the Board. 


Outcome: Bertolino LLP evaluated MG’s situation, assessed the applicable law and we compiled the necessary documents, arguments and evidence to fight against the accusations and show the Board this complaint invalid and needed to be dismissed.  Bertolino LLP’s legal team developed a well-written response demonstrating the complaint was insufficient and ought to be dismissed.  The Board considered our submission and agreed to dismiss the charges with a non-disciplinary warning and took no action against our client.  This allowed MG to return to taking care of his clients without spending more time dealing with this unsupported complaint. 

Texas Department of State Health Services v. SR



Facts: SR hired Bertolino LLP to defend him against a complaint filed with the Texas Department of State Health Services by his former employer.  The complainant made accusations that SR had violated state law, and Department rules in connection with his work as a paramedic.  These allegations threatened SR’s professional reputation and exposed him to potential discipline from the Department. 


Outcome: Bertolino LLP evaluated SR’s facts and circumstances, assessed the applicable law and we compiled the necessary documents, arguments and evidence to fight against the accusations and show the Department that his former employer’s complaint ought to be dismissed.  Bertolino LLP’s legal team developed a well-written response demonstrating the complaint did not support disciplinary action.  The Department investigated, considered our submission and agreed to dismiss the charges with a non-disciplinary warning, taking no action against our client’s license as a paramedic.  This allowed SR to return to taking care of his patients and rest easy, knowing his license was safe. 

 Picking the Right Lawyer: What You Need to Know to Protect Your License

by Troy Beaulieu, Esq.

How do you know what your legal needs are and what type of lawyer to employ in today’s complex, dynamic and constantly evolving business environment where high stakes regulatory issues impact business operations, legal risks and consequences for your license to operate?  


Legal issues that start out as one matter can quickly and unexpectedly morph and impact on your regulatory obligations, requiring you to retain competent license defense counsel with the skills necessary to protect your regulatory compliance interests and the license you worked so hard to obtain. In this article, I will discuss how regulated businesses and licensed professionals should think about selecting the right type of attorney, in the right area of law to help them with their legal needs, challenges and problems so they can run a successful business, practice, clinic or firm that is not mired in legal liabilities. 


There are three areas I will use as examples to demonstrate the interconnected nature of legal needs that people must think carefully about. Central to this discussion is the reality that one legal matter often implicates other legal needs. The lawyer handling your initial legal needs may not be suited to assist with the related but new and different legal matters.


This can be seen easily by looking at these three areas:


(1) business law needs;

(2) criminal defense needs; and,

(3) civil lawsuit needs.  


What’ll you’ll see and want to take away from this discussion is how important it is to recognize that different areas of law impact your license and regulated business and require a different type of lawyer – a license defense lawyer.  That’s because seemingly unrelated legal matters have significant, intertwined relationships where action and decision in one legal matter profoundly impacts and drives consequences for your regulated state license as a professional or a regulated business. 

 

 

When Your Business Law Needs Implicate Regulatory Compliance and Your License Hangs in the Balance, You Need a License Defense Lawyer in Your Corner.

 

When you decide to create a new business, practice, clinic or firm or expand it into new areas, people often start out thinking they need a business law attorney. You need someone to help you create the corporation, LLC or partnership, draft the contracts, get it registered with the Secretary of State and develop internal governance documents, processes and procedures. However, regulated industries licensing and regulatory compliance obligations bring an added layer of complexity to bear because regulatory requirements often drive, and impact how the business is structured and operated. You need a knowledgeable and qualified regulatory attorney to counsel you and help you develop the necessary compliance framework, processes and procedures to set your business up for success from the start.


The last thing you want as you launch your new business is to find out you are out of compliance and are now being audited or investigated and subject to a complaint that threatens your license, livelihood and professional reputation.  Thankfully Bertolino LLP provides an array of compliance consulting services to keep you out of trouble as you scale your business. 

 

Your Criminal Case Matters Usually Threaten Your License and Require License Defense Experts Who Have Your Back

 

People in regulated professions and industries often have criminal liability issues that cross-pollinate with their government-issued license. You may have been contacted by a law enforcement officer and be under criminal investigation or even face prosecution.  Your criminal defense lawyer may be well suited to handling your criminal case, but typically does not have awareness of the regulatory laws and rules that can devastate your ability to continue practicing your chosen profession.  For example, something like a deferred adjudication or even a pre-trial diversion offer may be a great outcome for your criminal case that avoids a criminal conviction can still have dire consequences for your regulated license and even prevent you from being able to practice in your chosen field. 


Getting regulatory legal counsel up front in what seems to be a straightforward criminal law matter, before you make irreversible decisions that can permanently impact your license is critical.  Without the right lawyer, your criminal attorney may give you wrong legal advice, unaware of the consequences to your state-issued license.  Before you find out the problem, it’s too late and the damage is done.  Bertolino LLP regularly handles license defense and application matters impacted by a criminal history matter and we’re here to help. 

 

Civil Lawsuits Often Have Ramifications for Your State-Regulated License or Business So You Need a Knowledgeable License Defense Lawyer on Your Team.

 

Many times clients face attacks on two fronts.  They get sued by a patient, or client in civil court for damages and that same person also files a complaint with their regulator.  Why go out and hire two sets of lawyers to review the same evidence, facts and witness statements and analyze what is often near identical legal provisions.  By hiring a firm like Bertolino LLP that handles both malpractice civil lawsuits and the corresponding regulatory complaints, you have a more efficient and more effective legal defense that costs less and doesn’t require different lawyers to coordinate and incur more expenses.  Great civil litigation lawyers often are unfamiliar with regulatory requirements, which are different and unique agency-driven processes.  


Don’t think you can just hire a civil lawsuit lawyer to protect your interests in both areas, because the processes are different and can have profound impact on your license if you get it wrong.  Many state agencies often have provisions that impose consequences on your license (including revocation) when you have a civil lawsuit judgment entered against you.  So, you need a knowledgeable and skilled law firm that can handle both.  At Bertolino LLP that’s exactly the role we focus on and have plenty of experience doing for our clients. 

Engage with your regulatory agency like never before! Navigating the laws that govern your license and profession can be challenging. That’s why we’ve created Know Your Regulator, an educational resource designed to help license holders take charge of their careers. Stay informed with important agency updates, gain valuable insights, and discover opportunities to enhance your professional license by following and subscribing to our podcast and Youtube channel.


Latest Episode: ChatGPT can write a convincing legal argument in seconds, and that’s exactly why it can be so dangerous when your professional license is on the line. With new technology, new patterns are emerging. People are treating AI like their lawyer, only to get blindsided by missed deadlines, incorrect filings, and “authority” that turns out to be completely made up.


We talk with Associate Attorney Amy Cadwell and Legal Support Manager Melissa Hooper of Bertolino Law Firm about what is driving this trend and how quickly it can go wrong.


Episode 75: AI Legal Advice Could Cost You Your License



Click here or the video to view.

Empower your license and career, and stay ahead in your industry. Take advantage of our free educational resources by visiting Know Your Regulator today!

Learn how you can proactively protect your license by engaging with your regulator and staying informed about regulatory developments in your industry.


With Bertolino LLP's insights regulatory insight, suggestions, and information, we can help you minimize your compliance risk profile and stay ahead of your competition by engaging with your regulator.

Recognition Days:

May 2026 Calendar


Team Bertolino is grateful for the expertise and dedication of these professionals. Thank you for your outstanding contributions to your respective industries.


May Professional Days



May 1: Executive Coaching Day, International Workers’ Day


May 3-9: Teacher Appreciation Week.


May 6–12: National Nurses Week.


May 12: School Nurse Appreciation Day, National Hospital Day.


May 13: National Receptionists Day, National Third Shift Workers Day.


May 17: Armed Forces Day


May 18: Speech Pathologist Day.


May 20: National Employee Health & Fitness Day. 

Side Bar ...


TexMed 2026: Educating Texas Physicians



Tony R. Bertolino, Managing Partner, and Troy Beaulieu, Director of Legal Services, presented at TexMed 2026, the Texas Medical Association’s annual conference held in Corpus Christi at the Omni Hotel and Hilliard Convention Center.


Their session, “Physician Mental Health and Substance Abuse Issues: Alternatives to Traditional Discipline When Your License is at Risk,” was presented Saturday morning and drew strong engagement from attending physicians and healthcare leaders.


TexMed brings together physicians from across Texas for continuing medical education, policy discussions, and collaboration focused on advancing the practice of medicine.


Following the presentation, conversations continued with physicians, administrators, and practice leaders seeking guidance on navigating Texas Medical Board requirements while supporting physician well-being.

Tony and Troy were honored to contribute to this important dialogue and remain committed to educating and supporting medical professionals across Texas.

Tony Bertolino moments before presenting at TexMed 2026 on protecting physician licenses and navigating mental health challenges.

Tony Bertolino and Troy Beaulieu after a highly engaged TexMed session, continuing conversations with physicians and healthcare leaders.

Tony Bertolino and Troy Beaulieu at TexMed 2026, proud to support and connect with the Texas physician community.

BERTOLINO LLP | (512) 476-5757 | 823 Congress Avenue, Suite 300, Austin, TX 78701 www.bertolinolaw.com | info@bertolinolaw.com