2026-02038Proposed Rule

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

Published Date: 2/2/2026

Proposed Rule

Summary

The Department of Health and Human Services is reopening the comment period for a proposed rule that clarifies disability discrimination protections in programs getting federal money. This update makes clear that certain gender identity conditions without physical causes aren’t covered as disabilities. If you want to share your thoughts, you’ve got until February 20, 2026, to speak up—no extra costs, just your voice!

Analyzed Economic Effects

1 provisions identified: 0 benefits, 1 costs, 0 mixed.

Gender Dysphoria Excluded From Protections

If you have gender dysphoria that does not result from a physical impairment, the Department of Health and Human Services proposes to clarify that this condition is excluded from the definition of a disability for programs that get federal money. The rulemaking re-opens the public comment period through February 20, 2026 for people to submit feedback.

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Key Dates

Effective Date
Published Date
Comments Due
12/19/2025
2/2/2026
2/20/2026

Department and Agencies

Department
Independent Agency
Agency
Health and Human Services Department
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