Notice of Vacatur Regarding Certain Provisions of the 2024 Nondiscrimination in Health Programs and Activities Final Rule
§ 01 Summary
HHS gives notice that a federal district court vacated portions of the 2024 Section 1557 nondiscrimination final rule that treated sex discrimination under Title IX as including gender-identity discrimination. Those vacated provisions are legally void, while the remainder of the 2024 Section 1557 rule remains in effect.
§ 02 Why this matters
The notice removes legally operative obligations under the 2024 Section 1557 rule to the extent they required covered health programs and activities to treat gender-identity discrimination as prohibited sex discrimination. Because the vacatur makes those provisions void while leaving the rest of the rule in force, regulated entities must revise civil-rights compliance analysis around gender-identity-related requirements.
§ 03 Topics
§ 04 Affected entities
- agency: HHS
- agency: CMS
- agency: Office of the Secretary, HHS
- industry: healthcare-providers
- industry: health-insurers
- statute: Affordable Care Act Section 1557
- statute: Title IX
- jurisdiction: Mississippi
§ 05 Matching feeds
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§ 06 Source document
Read the full Federal Register entry on federalregister.gov.
Show classifier input (what GPT-5.5 saw)
Type: Rule Agencies: Health and Human Services Department; Centers for Medicare & Medicaid Services; Office of the Secretary Citation: 91 FR 32887 Title: Notice of Vacatur Regarding Certain Provisions of the 2024 Nondiscrimination in Health Programs and Activities Final Rule Abstract: This is to inform the public that, on October 22, 2025, the United States District Court for the Southern District of Mississippi issued an order in Tennessee v. Kennedy, No. 1:24-cv-161-LG-BWR (S.D. Miss. Oct. 22, 2025), vacating portions of the final rule titled "Nondiscrimination in Health Programs and Activities," published May 6, 2024 (89 FR 37522). Specifically, the court vacated certain provisions of the regulation to the extent they expand Title IX's definition of sex discrimination to include gender-identity discrimination. Pursuant to the court's order, the vacated provisions are legally void. The other provisions of the Section 1557 Rule remain in force.
Classified Jun 2, 2026 by gpt-5.5. Fetched Jun 2, 2026.
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