Proposed Rule2026-02038
Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 2, 2026
Effective
December 19, 2025
Issuing agencies
Health and Human Services Department
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."
Full Text
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<title>Federal Register, Volume 91 Issue 21 (Monday, February 2, 2026)</title>
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[Federal Register Volume 91, Number 21 (Monday, February 2, 2026)]
[Proposed Rules]
[Pages 4467-4468]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02038]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
45 CFR Part 84
[Docket Number OCR-2026-0034]
RIN 0945-AA27
Nondiscrimination on the Basis of Disability in Programs or
Activities Receiving Federal Financial Assistance
AGENCY: Office for Civil Rights (OCR), Office of the Secretary,
Department of Health and Human Services (HHS).
ACTION: Notice of proposed rulemaking; re-opening of public comment
period.
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SUMMARY: 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.''
DATES: 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.
[[Page 4468]]
ADDRESSES: Submit comments, identified by agency name and Docket No.
OCR-2026-0034, by any of the following methods:
Electronic Submissions
Submit electronic comments in the following way:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for submitting comments. If you are submitting
comments electronically, the department strongly encourages you to
submit any comments or attachments in Microsoft Word format. If you
must submit a comment in Adobe Portable Document Format (PDF), the
Department strongly encourages you to convert the PDF to ``print-to-
PDF'' format, or to use some other commonly used searchable text
format. Please do not submit the PDF in scanned format. Using a print-
to-PDF allows the Department to electronically search and copy certain
portions of your submissions to assist in the rulemaking process.
Written Submissions
Submit written submissions in the following ways:
<bullet> Mail: U.S. Department of Health and Human Services, Office
for Civil Rights, Attention: Disability NPRM, RIN 0945-AA27, Hubert H.
Humphrey Building, Room 509F, 200 Independence Avenue SW, Washington,
DC 20201.
<bullet> Instructions: All comments received by the methods and due
date specified above, or officially post marked by the due date above,
will be posted without change to content to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information provided, and
such posting may occur after the closing of the comment period.
However, the Department may redact certain non-substantive content
from comments before posting, including threats, hate speech,
profanity, graphic images, or individually identifiable information
about an individual third-party other than the commenter. In addition,
comments or material designated as confidential or not to be disclosed
to the public will not be accepted. Comments may be redacted or
rejected as described above without notice to the commenter, and the
Department will not consider in rulemaking any redacted or rejected
content that would not be made available to the public as part of the
administrative record. Because of the large number of public comments
normally received on Federal Register documents, the Office for Civil
Rights is not able to provide individual acknowledgements of receipt.
Please allow sufficient time for mailed comments to be timely
received in the event of delivery or security delays.
Please note that comments submitted by fax or email and those
submitted or postmarked after the comment period will not be accepted.
Docket: For access to the docket to read background documents or
comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and follow the
instructions provided for conducting a search, using the docket
number(s) found in brackets in the heading of this document.
FOR FURTHER INFORMATION CONTACT: John Thompson, Office for Civil
Rights, Department of Health and Human Services at (202) 545-4884 or
(800) 537-7697 (TDD), or via email at <a href="/cdn-cgi/l/email-protection#5e6b6e6a1e36362d70393128"><span class="__cf_email__" data-cfemail="92a7a2a6d2fafae1bcf5fde4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Because of administrative technical issues,
HHS is re-opening the public comment period for the December 19, 2025
(on 90 FR 59478), NPRM regarding limiting 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.''
Robert F. Kennedy, Jr.,
Secretary, Department of Health and Human Services.
[FR Doc. 2026-02038 Filed 1-30-26; 8:45 am]
BILLING CODE 4153-01-P
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