HHS Rule: Gender dysphoria excluded from Section 504 disability protections

HHS has revised its Section 504 nondiscrimination regulation to clarify that 'gender dysphoria not resulting from a physical impairment' falls within the statutory exclusion of 'gender identity disorders' from the definition of disability. This applies to all recipients of HHS funding, including SUD treatment programs. Programs that updated nondiscrimination policies or grievance procedures based on the 2024 Final Rule's preamble language may need to revisit those documents.