2026-22380·DEPARTMENT OF HEALTH AND HUMAN SERVICES

Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance

Final RuleFinal Rule

Published: Nov 3, 2026
Effective: Jan 4, 2027
Citation: 91 FR 69207
Agencies: DEPARTMENT OF HEALTH AND HUMAN SERVICES, Office of the Secretary

Final rule.

Summary

The Department of Health and Human Services (HHS) has issued a final rule that updates how the Rehabilitation Act’s Section 504 is applied to programs that receive federal money. The rule clarifies that “gender dysphoria not resulting from a physical impairment” is excluded from the definition of “disability” and “individual with a disability” in HHS regulations. This interpretation resolves uncertainty created by a 2024 rule and aligns the agency’s policy with the plain language of the statute. The regulation applies to any organization—such as schools, hospitals, community service providers, and other entities—that receives HHS funding. These recipients must now ensure that their policies, services, and programs treat gender dysphoria, when it is not linked to a physical condition, as outside the scope of disability protections under Section 504. The rule was published in the Federal Register on November 3, 2026 (91 FR 69207) and takes effect on January 4, 2027. Because it is a final rule, the public comment period has already closed. Going forward, HHS will monitor compliance, and funded programs will need to revise their nondiscrimination policies and training to reflect the clarified definition. Non‑compliant entities could face enforcement actions or loss of federal assistance.

AI-generated summary — verify against the Federal Register text.

Official abstract

The Department of Health and Human Services (HHS or Department) issues this rule to revise the regulation implementing section 504 of the Rehabilitation Act of 1973 (section 504) as it applies to recipients of HHS funding (entitled "Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance," ("2024 Final Rule")), published on May 9, 2024. This rule clarifies that the Department interprets the statutory exclusion of "gender identity disorders not resulting from physical impairments" from the terms "individual with a disability" and "disability" set forth in our regulations to encompass "gender dysphoria not resulting from a physical impairment" for purposes of the regulation. This clarification is necessary to resolve ambiguity introduced in the preamble to the 2024 Final Rule and to ensure compliance with the best reading of the governing statute.