HHS removes gender identity provisions from health nondiscrimination rule following court order
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The Department of Health and Human Services has published a notice confirming that specific parts of its 2024 health care nondiscrimination rule are no longer in effect. This follows a federal court ruling in Tennessee v. Kennedy, which found that the agency exceeded its authority when it expanded the definition of sex discrimination to include gender identity.
Why it matters: This action is primarily administrative, reflecting a court decision rather than a new policy choice by the agency. It clarifies the current legal baseline for health programs receiving federal funds, removing regulatory uncertainty in those specific areas while leaving other nondiscrimination requirements intact.
Who it affects
- Health care providers and insurers participating in Medicare and Medicaid
This notice was issued by the Centers for Medicare & Medicaid Services and the Office for Civil Rights at HHS; readers should check the original Federal Register document for full legal context.
Agency: Health and Human Services Department, Centers for Medicare & Medicaid Services,
Source: Federal Register — read the official document