US health regulators clarify that gender dysphoria is not protected under disability law
What happened
The US Department of Health and Human Services has clarified that language about gender dysphoria in a recent rule's preamble does not have legal force. This means that gender dysphoria is not considered a disability under the rule, and federal funding recipients do not have to accommodate it.
Why it matters
The Department of Health and Human Services issued a rule about disability protections. The rule's preamble mentioned gender dysphoria, which led some to believe it would be covered. This clarification means that federal funding recipients, like hospitals and clinics, are not legally required to provide accommodations for gender dysphoria under this specific disability rule. This decision could influence how healthcare providers approach care for transgender individuals.
The signal
Watch for legal challenges to this clarification, or for states to issue their own rules on the matter.