HHS rescinds the 2021 Bostock-based interpretation of Section 1557

Guidance/memoHHS

Date
Actor
HHS (Office of the Secretary / OCR)
Agency
Department of Health and Human Services (HHS)
Type
Guidance/memo (rescission)
Section
HEALTH AGENCIES (HHS, NIH, CDC, CMS, FDA, SAMHSA, HRSA, ACF)

Summary

In "Notification of HHS Documents Identified for Rescission" (90 FR, doc. 2025-08393), HHS withdrew four informal guidance documents, including the May 2021 "Notification of Interpretation and Enforcement" that had applied Bostock v. Clayton County to Section 1557 and Title IX, extending sex-discrimination protections to gender identity and sexual orientation in health programs. HHS signaled covered entities should no longer read Section 1557 to reach gender identity.

Status

In effect; complemented by the June 2, 2026 formal non-enforcement notice following the Tennessee v. Kennedy vacatur.

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

Documents

Sources