HHS’s Elimination of Disparate Impact to Determine Discrimination: Potential Implications for Health and Health Care Authors: Latoya Hill, Jameson Floyd, and Samantha Artiga Published: Oct 9, 2026

https://www.kff.org/racial-equity-and-health-policy/hhss-elimination-of-disparate-impact-to-determine-discrimination-potential-implications-for-health-and-health-care/ On July 23, 2026, the Department of Health and Human Services (HHS) finalized revisions to regulations implementing Title VI of the Civil Rights Act of 1964 to eliminate disparate impact as a basis for determining whether discrimination has occurred in programs, services, or activities receiving HHS federal financial assistance. It was issued following Executive Order 14281, “Restoring Equality of Opportunity and Meritocracy,” and similar actions by other federal agencies, including the Department of Justice (DOJ), Department of Education (DOE), and Department of Housing and Urban Development (HUD). This issue brief provides background on Title VI, summarizes the key changes in the 2026 final rule, and discusses the potential implications for racial and ethnic health disparities.