HHS formally stops enforcing Section 1557's gender-identity discrimination provision

Guidance/memoHHS

Date
Actor
HHS Office for Civil Rights
Agency
Department of Health and Human Services (HHS)
Type
Guidance/memo
Section
2026 DEVELOPMENTS SWEEP (JANUARY–AUGUST 2026)

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

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.