HHS formally stops enforcing Section 1557's gender-identity discrimination provision
- Date
- Actor
- HHS Office for Civil Rights
- Agency
- Department of Health and Human Services (HHS)
- Type
- Guidance/memo
Summary
HHS issues a notice announcing it will not enforce the provision of the 2024 Section 1557 final rule prohibiting gender-identity discrimination in federally funded health programs, following the Southern District of Mississippi's nationwide injunction and subsequent order vacating that provision. HHS states the vacated provisions are unenforceable and that it "cannot and will not enforce them"; the remainder of the 2024 rule stays in effect. (see also section 2)
Status
Gender-identity provision vacated and unenforced; no replacement rulemaking finalized as of August 2026.
As recorded in the data of . Check the sources for anything newer.
Sources
- leadingage.org/hhs-no-longer-enforcing-prohibition-against-gender-identity-disc…(opens another site)
- nfp.com/insights/hhs-vacates-rule-prohibiting-gender-identity-discrimination(opens another site)
Cite this action
Notice of Vacatur Regarding Certain Provisions of the 2024 Nondiscrimination in Health Programs and Activities Final Rule, 91 Fed. Reg. 32,887 (June 2, 2026).
Short form: 91 Fed. Reg. at 32,887.