HHS finalizes Section 504 rule treating gender dysphoria as excluded from the definition of disability

RulemakingHHS

Date
Actor
HHS Office for Civil Rights
Agency
Department of Health and Human Services (HHS)
Type
Rulemaking (final)
Section
SUPPLEMENT: NEW ACTIONS, SEPTEMBER 22 TO NOVEMBER 3, 2026

Summary

A final rule amending 45 CFR Part 84 states that HHS interprets the statutory exclusion of "gender identity disorders not resulting from physical impairments" to encompass "gender dysphoria not resulting from a physical impairment." The text is unchanged from the December 2025 proposal (catalogued as S02-022). HHS rejected commenters' arguments that the exclusion would strip protections from transgender people, and pointed to conscience laws for clinicians.

Status

Final; effective Jan. 4, 2027

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

Sources