Federal Register #2026-11015

Notice of Vacatur of Provisions in 2024 Nondiscrimination in Health Programs and Activities Rule

This notice informs stakeholders of a recent legal development affecting federal health regulations: - The Department of Health and Human Services (HHS), including the Centers for Medicare & Medicaid Services (CMS) and the Office of the Secretary, has issued a public notice regarding a court decision. - The United States District Court for the Southern District of Mississippi vacated certain provisions of the 2024 'Nondiscrimination in Health Programs and Activities' final rule. - Specifically, the vacated provisions expanded Title IX's definition of sex discrimination to include gender-identity discrimination. - These provisions are now legally void and will not be enforced by the Office for Civil Rights (OCR) or CMS. - The remaining provisions of the Section 1557 Rule remain in effect. - No procurement, products, services, OEMs, or vendors are involved in this notice. - No contract opportunity, award, or solicitation is associated with this announcement.

Description

This notice informs the public that on October 22, 2025, the U.S. District Court for the Southern District of Mississippi vacated portions of the 2024 final rule titled "Nondiscrimination in Health Programs and Activities." The vacated provisions expanded Title IX's definition of sex discrimination to include gender-identity discrimination and are now legally void. The remaining provisions of the Section 1557 Rule continue to be in force. The Office for Civil Rights and Centers for Medicare & Medicaid Services will not enforce the vacated provisions while they remain vacated.

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