CMS finalizes replacing 'gender' with 'sex' in Medicare Advantage and Part D regulations to align with EO 14168 (CY 2027 rule)

RulemakingCMS

Date
Actor
Department of Health and Human Services, Centers for Medicare & Medicaid Services
Agency
Centers for Medicare & Medicaid Services (CMS)
Type
Rulemaking (final)
Section
SUPPLEMENT: ACTIONS MISSED BY EARLIER SWEEPS, JANUARY 2025 TO NOVEMBER 2026

Summary

91 FR 17384 (Apr. 6, 2026), CY 2027 Medicare Advantage and Part D final rule. Section IX finalizes a technical terminology change aligning with EO 14168, replacing 'gender' with 'sex' in 42 CFR 422.308(c)(1) (risk adjustment) and 423.884(c)(2)(v)(D) (retiree drug plan applications). CMS says there is no operational difference, and finalized it over commenters who warned of barriers to care for gender-diverse beneficiaries and inconsistency with coding and documentation. Small substantive effect; included for completeness. Related step (2025-11-28, 2025-21456): 90 FR 54894 (CY2027 Medicare Advantage and Part D proposed rule), Section IX, Technical Changes to Terminology.

Status

Final; effective June 1, 2026, applicable to coverage beginning Jan. 1, 2027

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

Sources