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

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

  • By

  • Office for Civil Rights (OCR)

  • June 1, 2026

  • 0 min

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Objective:

To inform covered entities and the public about the enforcement status of the 2024 Final Rule on nondiscrimination following a federal court ruling.

Key Findings:
  • The U.S. District Court for the Southern District of Mississippi vacated specific provisions of the 2024 Rule related to gender identity.
  • HHS cannot enforce the vacated gender-identity provisions but will continue to enforce protections against discrimination based on race, color, national origin, age, disability, and aspects of sex discrimination not affected by the ruling.
Interpretation:

The notice clarifies compliance obligations for covered entities following the court's judgment.

Limitations:
  • The enforcement of gender identity discrimination provisions is no longer applicable due to the court's ruling.
Conclusion:

HHS OCR will continue to enforce existing civil rights protections while aligning internal guidance with the court's order.

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