HHS formalizes non-enforcement of Section 1557's gender-identity protections after Tennessee v. Kennedy vacatur

Guidance/memoCMS

Date
Actor
HHS Office for Civil Rights and CMS
Agency
Centers for Medicare & Medicaid Services (CMS)
Type
Guidance/memo (notification of court decision)
Section
HEALTH AGENCIES (HHS, NIH, CDC, CMS, FDA, SAMHSA, HRSA, ACF)

Summary

HHS published a "Notice of Vacatur" (91 FR, doc. 2026-11015) informing the public that on October 22, 2025 the Southern District of Mississippi in Tennessee v. Kennedy vacated the provisions of the 2024 Section 1557 rule that "expand Title IX's definition of sex discrimination to include gender-identity discrimination," and stating that OCR and CMS "cannot and will not enforce the vacated provisions." The notice cements, as formal agency position, that HHS will not investigate gender-identity discrimination complaints in health programs under Section 1557.

Status

In effect; the vacated provisions are void nationwide and unenforced. Remaining (non-gender-identity) 1557 provisions continue in force. (See also section 10.)

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

Related litigation

Documents

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.