ASTP/ONC proposes eliminating sexual orientation, gender identity and related fields from certified health IT (HTI-5) and moving to USCDI v3.1

RulemakingHHS

Date
Actor
HHS, Assistant Secretary for Technology Policy / Office of the National Coordinator
Agency
Department of Health and Human Services (HHS)
Type
Rulemaking (proposed)
Section
SUPPLEMENT: ACTIONS MISSED BY EARLIER SWEEPS, JANUARY 2025 TO NOVEMBER 2026

Summary

90 FR 60970. Deregulatory proposed rule revising the 'patient demographics and observations' certification criterion (45 CFR 170.315(a)(5)) and adopting USCDI v3.1, which removes the Sex, Sexual Orientation and Gender Identity data elements added in USCDI v3. The rule describes 2025 enforcement discretion already excusing certification without sexual orientation, gender identity, sex parameter for clinical use, name to use and pronouns, and proposes to make that permanent. Stated justification is burden reduction and that the elements do not support Promoting Interoperability measures. Relevant text begins around pages 60999-61000. EO 14168 not cited in the passages I read.

Status

Comments were due Feb. 27, 2026

As recorded in the data of . Check the sources for anything newer.

Sources