Data / Federal rules / 2026-02038

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 February 2, 2026. It took effect on December 19, 2025. Comments closed on February 20, 2026.

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What the agency says

The Department of Health and Human Services (HHS or Department) published a notice of proposed rulemaking (NPRM) in the Federal Register on December 19, 2025. As a result of administrative technical issues, HHS is re-opening the public comment period for the public to submit comments. The purpose of the NPRM is to limit ambiguity by clarifying that the statutory exclusion of "gender identity disorders not resulting from physical impairments" from the scope of what constitutes discrimination includes "gender dysphoria not resulting from a physical impairment."

Key facts

Document number: 2026-02038
Type: Proposed rule
Action: Notice of proposed rulemaking; re-opening of public comment period
Agency: Health and Human Services Department
Published: February 2, 2026
Takes effect: December 19, 2025
Comments due: February 20, 2026
Dates: The comment period for the NPRM published at 90 FR 59478 on December 19, 2025, is re-opened. Comments should be received on or before February 20, 2026.
Docket: Docket Number OCR-2026-0034
Regulation ID (RIN): 0945-AA27
Code of Federal Regulations: 45 CFR 84
Pages: 2

The document on federalregister.gov PDF

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Everything from the Health and Human Services Department · Published in February 2026

Read from the Federal Register API, last updated 2026-10-23. The document on federalregister.gov is the official record; dates and dockets can change through later corrections. Free to reuse with credit to SpecStream under CC BY 4.0.