HHS: Gender Dysphoria Remarks in Rule Intro Aren't Binding Law
Published Date: 4/11/2025
Rule
Summary
The Department of Health and Human Services is clearing up confusion about a recent rule on disability rights in programs getting federal money. They made it clear that some words about gender dysphoria in the rule’s introduction don’t count as law and won’t be enforced. This means organizations must follow the official rule text, not the extra comments, starting now with no new costs involved.
Analyzed Economic Effects
1 provisions identified: 0 benefits, 0 costs, 1 mixed.
Preamble Language Not Enforceable
HHS says language in the preamble about gender dysphoria in the May 9, 2024 final rule does not have the force or effect of law and cannot be enforced. Enforcement must rely on the actual regulatory text, not extra preamble comments.
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