OCR rescinds the 2022 guidance on gender-affirming care, civil rights, and patient privacy
- Date
- Actor
- HHS Office for Civil Rights
- Agency
- Department of Health and Human Services (HHS)
- Type
- Guidance/memo (rescission)
Summary
OCR formally rescinded the March 2, 2022 "HHS Notice and Guidance on Gender Affirming Care, Civil Rights, and Patient Privacy," which had advised that restricting gender-affirming care could violate Section 1557, Section 504/ADA, and HIPAA. The rescission was expressly issued to implement EOs 14168 and 14187, removing the federal civil-rights backstop HHS had offered patients and providers in states restricting care.
Status
Rescission in effect; the 2022 guidance has not been reinstated.
As recorded in the data of . Check the sources for anything newer.
Documents
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OCR rescinds the 2022 guidance on gender-affirming care, civil rights, and patient privacy
U.S. Dep't of Health & Hum. Servs., Recission of "HHS Notice and Guidance on Gender Affirming Care, Civil Rights, and Patient Privacy" (issued March 2, 2022) (Feb. 20, 2025), https://www.hhs.gov/sites/default/files/ocr-rescission-february-20-2025-notice-guidance.pdf.
Sources
- ebglaw.com/health-law-advisor/gender-affirming-care-protections-eroded-by-recen…(opens another site)
- hhs.gov/sites/default/files/ocr-rescission-february-20-2025-notice-guidance.pdf(opens another site)PDF, external
Cite this action
U.S. Dep't of Health & Hum. Servs., Recission of "HHS Notice and Guidance on Gender Affirming Care, Civil Rights, and Patient Privacy" (issued March 2, 2022) (Feb. 20, 2025), https://www.hhs.gov/sites/default/files/ocr-rescission-february-20-2025-notice-guidance.pdf.
Short form: U.S. Dep't of Health & Hum. Servs., Recission of "HHS Notice and Guidance on Gender Affirming Care, Civil Rights, and Patient Privacy" (issued March 2, 2022) (Feb. 20, 2025), https://www.hhs.gov/sites/default/files/ocr-rescission-february-20-2025-notice-guidance.pdf.