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

What it does

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."

The Health and Human Services Department's summary, as published in the Federal Register.

What it would change

1 part of Title 45 of the Code of Federal Regulations:

45 CFR 84

Wording on eCFR: the day before it took effect and from the day it took effect (first part listed).

Before this

1 earlier Federal Register document under regulation identifier 0945-AA27 since Jan. 1, 2025.

• Dec. 19, 2025 Notice of proposed rulemaking. Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance

Since then:

• Nov. 3, 2026 Final rule. Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance

What happens next and when

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.

The agency's dates, word for word.

Check it yourself

• The document in the Federal Register
• Docket HHS-OCR-2026-0034 on Regulations.gov
• Title 45 on eCFR

The record as published

Source: the Federal Register (public domain). The document in the Federal Register