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1
HHS’s July 23, 2026, final rule removes disparate impact as a basis for finding discrimination under Title VI in HHS-funded programs and activities.
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2
Title VI prohibits discrimination based on race, color, or national origin in federally funded programs, while the Supreme Court has construed it as barring intentional discrimination.
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3
For more than five decades, federal agencies used disparate-impact regulations to address facially neutral policies that disproportionately harmed protected groups.
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4
HHS OCR used disparate-impact reviews to secure voluntary agreements addressing potential care-access barriers at UPMC Braddock and inadequate language assistance at Mee Memorial Hospital.
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5
The brief says removing disparate impact may narrow administrative enforcement and reduce proactive review of policies with disproportionate effects on health and health care.
