HHS No Longer Enforcing Prohibition Against Gender-Identity Discrimination

In a notification of court decision published in the Federal Register on June 2, 2026, The Department of Health and Human Services' (HHS) Office of Civil Rights (OCR) announced that it will not investigate or enforce compliance with provisions of HHS' 2024 final rule implementing Section 1557 of Affordable Care Act (the Section 1557 Rule), that were vacated in Tennessee v. Kennedy, No. 1:24 cv-161-LG-BWR (S.D. Miss. Oct. 22, 2025).

Section 1557 prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs and activities, including those receiving federal financial assistance from HHS. The particular provisions of the 1557 Rule that were vacated by the federal district court expanded Title IX's definition of sex discrimination to include gender-identity discrimination. The notice only applies to the prohibition on gender-identity discrimination that was vacated by the federal district court. The other prohibitions on discrimination under the Section 1557 Rule remain in force.