HHS Informs Covered Entities of Partial Vacatur of 2024 ACA Nondiscrimination Final Rule; Core Protections Remain in Effect post Tennessee v. Kennedy

Office for Civil Rights issues notice regarding enforcement following federal court ruling on gender-identity provisions.

WASHINGTON — June 1, 2026 — The U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) today 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 Rule.

On October 22, 2025, the U.S. District Court for the Southern District of Mississippi, in the case of Tennessee v. Kennedy, issued a final judgment vacating portions of the 2024 Rule. The court’s order voids the Rule’s provisions to the extent that they expanded the definition of sex discrimination under Title IX of the Education Amendments of 1972 to include gender identity.

“Today’s notice provides necessary clarity to covered entities regarding their compliance obligations following the court's final judgment,” said Office for Civil Rights Director Paula M. Stannard. “While OCR cannot and will not enforce the vacated provisions related to gender identity discrimination, we will continue to robustly enforce civil rights laws.”

As a result of the court’s vacatur, HHS cannot and will not investigate or enforce compliance with the vacated gender-identity provisions. OCR will continue to enforce the Rule’s protections against discrimination based on race, color, national origin, age, disability, and aspects of sex discrimination not impacted by the court’s order.

OCR has been taking the appropriate administrative next steps regarding internal guidance, case management, and communications to align with the court’s order.

If you believe that you or someone else has been discriminated against because of race, color, national origin, disability, age, sex, religion, or the exercise of conscience in programs or activities that HHS directly operates or for which HHS provides Federal financial assistance, you may file a complaint with the HHS Office for Civil Rights.

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