Data / Federal rules / 2025-23484
Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance
The Health and Human Services Department published this proposed rule in the Federal Register on December 19, 2025. Comments closed on January 20, 2026.
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What the agency says
The Department of Health and Human Services (HHS or Department) issues this Notice of Proposed Rulemaking (NPRM) to revise 45 CFR 84.4(g) in the regulation implementing section 504 of the Rehabilitation Act of 1973 (section 504) as it applies to recipients of HHS funding (entitled "Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance," 89 FR 40066 ("2024 Final Rule")), published on May 9, 2024. This rule clarifies that the Department interprets the statutory exclusion of "gender identity disorders not resulting from physical impairments" from the definitions of "individual with a disability" and "disability" set forth at 29 U.S.C. 705(9) & (20)(F)(i), 42 U.S.C. 12211(b), to encompass "gender dysphoria not resulting from a physical impairment" for purposes of part 84. This clarification is necessary to resolve ambiguity introduced in the preamble to the 2024 Final Rule and to ensure compliance with the best reading of the plain language of the governing statute.
Key facts
- Document number
- 2025-23484
- Type
- Proposed rule
- Action
- Notice of proposed rulemaking
- Agency
- Health and Human Services Department
- Published
- December 19, 2025
- Comments due
- January 20, 2026
- Dates
- Comments: Submit comments on or before January 20, 2026.
- Regulation ID (RIN)
- 0945-AA27
- Code of Federal Regulations
- 45 CFR 84
- Topics
- Adoption and foster care; Child welfare; Civil rights; Colleges and universities; Communications; Emergency medical services; Equal access to justice; Grant programs; Grant programs-health; Grant programs-social programs; Health; Health care; Health facilities; Individuals with disabilities; Public health
- Pages
- 6
Other documents from the Health and Human Services Department
Everything from the Health and Human Services Department · Rules on adoption and foster care · Rules on child welfare · Rules on civil rights · Published in December 2025
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