Regulatory Updates
HHS Vacates Certain Provisions of the 2024 Nondiscrimination in Health Programs and Activities Final Rule
Published June 02, 2026
The Department of Health and Human Services (HHS), Centers for Medicare & Medicaid Services (CMS), and the Office for Civil Rights (OCR) issued a public notice regarding the 2024 Final Rule, “Nondiscrimination in Health Programs and Activities” under Section 1557 of the Affordable Care Act.
The notice informs covered entities and the public that a federal court has vacated specific provisions of the final rule. Specifically, the court vacated certain provisions of the regulation that expand Title IX’s definition of sex discrimination to include gender-identity discrimination. Pursuant to the court’s order, the vacated provisions are legally void, although other provisions of the Section 1557 Rule remain in force.
The notification applies to all covered entities with respect to their compliance with the provisions of the 2024 Section 1557 Rule that were deemed unlawful and vacated by the court.