HHS Final Rule Amends Section 504 Regulations to Codify Statutory Exclusions from the Definition of Disability - Takeaways - MDSpire

HHS Final Rule Updates Section 504 Regulations to Clarify Statutory Exclusions from Disability Coverage

By
Office for Civil Rights (OCR)
October 30, 2026

United States Department Of Health And Human Services

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1

On October 30, 2026, HHS issued a final rule revising its Section 504 regulations.
2

The rule specifies that gender dysphoria unrelated to a physical impairment is excluded from disability coverage under Section 504.
3

HHS incorporated the statutory exclusion into 45 C.F.R. § 84.4(g), which applies to HHS-funded programs and activities.
4

The rule addresses ambiguity in the 2024 regulation’s preamble, which suggested gender dysphoria might qualify as a disability.
5

HHS proposed the rule on December 19, 2025, and received more than 380 public comments.

Original Source(s)

United States Department Of Health And Human Services

HHS Final Rule Amends Section 504 Regulations to Codify Statutory Exclusions from the Definition of Disability

by Office for Civil Rights (OCR)
October 30, 2026

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