# Federal Register #2026-22380

HHS final rule clarifying Section 504’s disability exclusion for gender dysphoria

**Buyer:** Health and Human Services Department
**Posted:** November 03, 2026
**Identifier:** 2026-22380

The Department of Health and Human Services issued a final rule clarifying Section 504’s disability exclusion for certain conditions.
- **Government buyer:** Not a procurement. The issuing agency is the U.S. Department of Health and Human Services (HHS), Office of the Secretary, through the Office for Civil Rights.
- **Rule clarification:** For recipients of HHS funding, the statutory exclusion for gender identity disorders not resulting from physical impairments also encompasses gender dysphoria not resulting from a physical impairment.
- **Context:** The rule resolves ambiguity in the preamble to an earlier final rule.
- **Procurement items:** No products, services, quantities, part numbers, OEMs, or vendors are requested.

### Description

The Department of Health and Human Services revises the regulation implementing section 504 of the Rehabilitation Act of 1973 for recipients of HHS funding. The final rule clarifies that the statutory exclusion for gender identity disorders not resulting from physical impairments also encompasses gender dysphoria not resulting from a physical impairment. The clarification addresses ambiguity in the preamble to the 2024 Final Rule and is effective January 4, 2027.

[View original listing](https://www.federalregister.gov/documents/2026/11/03/2026-22380/nondiscrimination-on-the-basis-of-disability-in-programs-or-activities-receiving-federal-financial)