Court Strips Gender Identity Rules From 2024 Health Nondiscrimination Rule
Published Date: 6/2/2026
Rule
Summary
A court has canceled parts of a 2024 health rule that said discrimination based on gender identity counts as sex discrimination. This affects health programs that get federal money, meaning those parts won’t be enforced for now. Other parts of the rule still stand, so some protections remain in place without extra costs or changes for now.
Analyzed Economic Effects
3 provisions identified: 2 benefits, 1 costs, 0 mixed.
Gender‑Identity Nondiscrimination Protections Vacated
On October 22, 2025, a federal court vacated parts of the 2024 Section 1557 rule that treated discrimination based on gender identity as sex discrimination. The vacated CFR provisions (including 42 CFR 438.3(d)(4); 42 CFR 438.206(c)(2); 42 CFR 440.262; 42 CFR 460.98(b)(3); 42 CFR 460.112(a); 45 CFR 92.101(a)(2)(iv); and several 45 CFR 92 provisions) are legally void and OCR and CMS cannot investigate or enforce them to the extent they expanded Title IX to include gender identity.
Covered Health Programs No Longer Enforced On Gender Identity
The court's October 22, 2025 order means OCR and CMS cannot enforce the vacated parts of the 2024 Section 1557 rule against covered entities to the extent those parts expanded sex discrimination to include gender identity. This Notification says it "applies to all covered entities" with respect to compliance with the vacated provisions.
Other Section 1557 Protections Stay in Place
The court vacated only certain parts of the 2024 rule that expanded sex discrimination to include gender identity. The Notification says the other provisions of the 2024 Section 1557 Rule remain in force, so protections not tied to that expansion continue to apply.
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