Health and Human Services Grants Regulation: Fact Sheet

The final rule, Health and Human Services Grants Regulation, protects gay and lesbian people from discrimination in specific important health and human services programs by clarifying and reaffirming the prohibition on discrimination on the basis of sexual orientation in certain statutes. If you believe that you or another party has been discriminated against on the basis of sex in the administration of an HHS grant, please visit the Office for Civil Rights (OCR) complaint portal to file a complaint online.

Summary of the Final Rule

Restores statement of policy from the vacated 2021 final rule.

The Final Rule states that, as a matter of public policy, no eligible person may be excluded from HHS programs, activities, projects, assistance, and services in violation of federal statute.

Identifies sex discrimination as including discrimination based on sexual orientation.

Consistent with the U.S. Supreme Court’s holding in Bostock v. Clayton County, 590 U.S. 644 (2020), the Final Rule outlines that protections against sex discrimination include protections against discrimination on the basis of sexual orientation in the following statutes:

The Final Rule applies to the following statutes:

• 8 U.S.C. § 1522. Authorization for programs for domestic resettlement of and assistance to refugees
• 42 U.S.C. § 290cc-33. Projects for Assistance in Transition from Homelessness
• 42 U.S.C. § 290ff-1. Children with Serious Emotional Disturbances
• 42 U.S.C. § 295m. Title VII Health Workforce Programs
• 42 U.S.C. § 296g. Nursing Workforce Development
• 42 U.S.C. § 300w-7. Preventive Health Services Block Grant
• 42 U.S.C. § 300x-57. Substance Use Prevention, Treatment, and Recovery Services Block Grant; Community Mental Health Services Block Grant
• 42 U.S.C. § 708. Maternal and Child Health Block Grant
• 42 U.S.C. § 5151. Disaster relief 
• 42 U.S.C. § 8625. Low Income Home Energy Assistance Program
• 42 U.S.C. § 9849. Head Start 
• 42 U.S.C. § 9918. Community Services Block Grant Program
• 42 U.S.C. § 10406. Family Violence Prevention and Services

Provides a clear process for raising conscience and religious freedom objections.

The Final Rule provides a clear process by which applicants for or recipients of Federal financial assistance from HHS may notify HHS of their belief that the application of one of the 13 statutes would violate their rights under Federal religious freedom and conscience laws.