HHS Form Tweaks: Gender Rules Meet Court Mandates
Published Date: 1/26/2026
Notice
Summary
The Department of Health and Human Services wants your thoughts on updating a form called Assurance of Compliance (Form HHS-690). These changes help the form follow new court and government rules, especially about gender-related policies. If you’re affected by this form, you have until March 27, 2026, to share your comments—no extra costs, just your voice!
Analyzed Economic Effects
4 provisions identified: 0 benefits, 4 costs, 0 mixed.
Assurance can trigger False Claims Act risk
A recipient’s written Assurance of Compliance can serve as an independent contractual basis for enforcement and can give rise to a False Claims Act violation if the assurance or certification is false. That means signing the form may create legal liability under the False Claims Act.
Assurance form required for grant applicants
If you apply for or receive federal HHS funds, you must provide a signed Assurance of Compliance (Form HHS-690) when applying for or receiving new HHS funds. The form is required under federal civil rights, conscience, and religious nondiscrimination laws.
Form updated to reflect gender policy orders
HHS will revise Form HHS-690 to conform to Executive Order 14168 and the court order in Texas v. Becerra (E.D. Tex. Aug. 30, 2024). The revisions relate to how the form addresses definitions and policies about sex discrimination, including items like gender identity and sexual orientation as referenced in the court order and Executive Order.
Estimated paperwork time per applicant
HHS estimates 8,486 respondents will each spend about 4 hours completing Form HHS-690, for a total estimated annual burden of 33,944 hours. The agency presents this as the annualized paperwork burden tied to the collection.
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