Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance
What happened
Signed by Donald Trump, this Department of Health and Human Services (HHS) final rule amends Section 504 regulations for recipients of HHS funding. The rule clarifies that the statutory exclusion of "gender identity disorders not resulting from physical impairments" encompasses "gender dysphoria not resulting from a physical impairment" from disability definitions. Published in November 2026 to address ambiguity from a May 2024 rule, it takes effect on January 4, 2027.
Why it matters
The rule resolves ambiguity from a 2024 preamble regarding whether gender dysphoria qualifies as a protected disability under Section 504. Under this interpretation, individuals with gender dysphoria not caused by physical impairments do not qualify as individuals with disabilities in HHS-funded programs.
Who it affects
- ›Recipients of Department of Health and Human Services financial assistance
- ›Individuals with gender dysphoria not resulting from physical impairments
- ›Programs and activities receiving federal financial assistance
- ›The Department of Health and Human Services Office for Civil Rights
The receipts are official. The summary is ours.
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