Home / Agencies / HHS / 2026-02038
Proposed Rule

Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance

Agency
HHS
Document Number
2026-02038
Published
February 2, 2026
Effective Date
December 19, 2025

Abstract

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."

Federal Register Source

This document is published by the Office of the Federal Register, National Archives and Records Administration. Access the full regulatory text, preamble, and docket comments below.

View Full Text on FederalRegister.gov →

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Frequently Asked Questions

What is the 2026-02038 Federal Register document?
Document 2026-02038 is a Proposed Rule published by the Department of Health and Human Services in the Federal Register on February 2, 2026, with an effective date of December 19, 2025. 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." View the original at https://www.federalregister.gov/documents/2026/02/02/2026-02038/nondiscrimination-on-the-basis-of-disability-in-programs-or-activities-receiving-federal-financial.
Is document 2026-02038 an economically significant rule?
No. Document 2026-02038 is not classified as economically significant under Executive Order 12866. Economically significant rules require OIRA review and are estimated to have impacts of $100 million or more per year.

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