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HHS OCR Requests Comment on Revised Form HHS-690 Civil Rights Assurance

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Summary

HHS Office for Civil Rights (OCR) has submitted to OMB a revision of Information Collection 0945-0008, Form HHS-690 (Assurance of Compliance), which is open for public comment through May 26, 2026. The proposed revisions modify the definition of sex under Title IX and Section 1557 to conform to Executive Order 14168 and the court order in Texas v. Becerra (E.D. Tex. 2024), update statutory citations, add a definition of 'program or activity' per the Civil Rights Restoration Act, incorporate False Claims Act language, and clarify the form applies to both applicants and recipients of HHS federal financial assistance. Approximately 8,486 respondents will incur an estimated 33,944 annual burden hours at a total labor cost of $4,213,379.28.

“One method the Federal Government uses to ensure civil rights compliance is to require covered entities to submit written assurances of compliance when applying for and receiving financial assistance.”

Why this matters

Entities that currently submit or will submit Form HHS-690 as part of HHS federal financial assistance applications should track the OMB approval timeline — the revised form, once approved, will replace the current version (OMB Control No. 0945-0008, expiring April 30, 2026). The narrowed sex discrimination definitions and the explicit False Claims Act linkage are the most operationally significant changes: certification errors or false assurances on the revised form could give rise to FCA liability independent of other civil rights enforcement mechanisms. Legal and compliance teams at HHS-funded organizations should prepare to update internal procedures for the assurance submission process.

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What changed

HHS OCR proposes substantive revisions to Form HHS-690, the civil rights compliance assurance form required of entities receiving HHS federal financial assistance. The most operationally significant change modifies the parenthetical definitions of sex for Title IX and Section 1557 to narrow the scope per Executive Order 14168 ('Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government') and the August 2024 preliminary injunction in Texas v. Becerra, which stayed the Section 1557 rule's inclusion of gender identity, sexual orientation, and sex stereotypes. The revision also adds a False Claims Act reference clarifying that compliance with civil rights obligations is a material condition of federal funding — creating potential FCA exposure for false certifications. Affected entities (states, healthcare providers, and other HHS-funded applicants and recipients) should monitor this ICR closely; the revised form, once approved by OMB, will govern the civil rights compliance certification process for all new and continuing HHS financial assistance.

Archived snapshot

Apr 24, 2026

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Notice

Agency Information Collection Request; 30-Day Public Comment Request

A Notice by the Health and Human Services Department on 04/24/2026

  • This document has a comment period that ends in 32 days.
    (05/26/2026) View Comment Instructions

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  • Public Inspection Published Document: 2026-08092 (91 FR 22158) Document Headings ###### Department of Health and Human Services
  1. [Document Identifier: OS-0945-0008]

AGENCY:

Office of the Secretary, Office for Civil Rights, HHS.

ACTION:

Notice.

SUMMARY:

In compliance with the requirement of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Office for Civil Rights (OCR), Department of Health and Human Services (HHS), announces that it has submitted the following Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review and approval. The proposed information collection is summarized below and describes the nature of the information collection and its expected burden. Public comments on the ICR are invited. OMB will accept comments from the public during this review and approval period.

DATES:

Comments on the ICR must be received on or before May 26, 2026.

ADDRESSES:

Comments for the proposed information collection should be submitted electronically to the Office of Information and Regulatory Affairs (OIRA), OMB, via https://www.reginfo.gov/​public/​do/​PRAMain within 30 days of publication of this notice. You can find this particular information collection by selecting “Currently under Review—Open for Public Comments” or by using the search function.

FOR FURTHER INFORMATION CONTACT:

You can see copies of supporting material for the proposed collection summarized in this notice by using the RegInfo.Gov search function under “Information Collection Review” and using either the “IC List” tab or “View Supporting Statement and Other Documents.”

You may also request copies of the supporting material by emailing Harold Henderson at OCRassuranceofcomplianceform@hhs.gov or by regular mail at: Department of Health and Human Services, Office of the Secretary/Office for Civil Rights, Harold Henderson, Strategic Planning Division Paperwork Reduction Act Official, Office for Civil Rights, Office: (202) 868-9407, 200 Independence Avenue, SW, Washington, DC 20201.

Please include the document identifier OS-0945-0008 and project title for reference.

SUPPLEMENTARY INFORMATION:

Under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3521, federal agencies must obtain approval from OMB for each collection of information they conduct or sponsor. The revised information collection described below has been submitted to OMB for review.

Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:

(1) the necessity and utility of the proposed information collection for the proper performance of the agency's functions;

(2) the accuracy of the estimated burden;

(3) ways to enhance the quality, utility, and clarity of the information to be collected; and

(4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

Title of the Collection: Assurance of Compliance, Form HHS-690.

Type of Collection: Revision of a currently approved collection.

OMB Control Number: 0945-0008.

Abstract: This Information Collection Request is to revise a previously approved collection 0945-0008 that will expire on April 30, 2026, titled: Assurance of Compliance, Form HHS-690.

One method the Federal Government uses to ensure civil rights compliance is to require covered entities to submit written assurances of compliance when applying for and receiving financial assistance. The assurances ensure covered entities are aware of their obligations under civil rights laws, conscience, and religious nondiscrimination laws enforced by OCR and certify that they will comply with them. A recipient's assurance and certification can provide an independent contractual basis for enforcement of nondiscrimination requirements and can also give rise to a False Claims Act violation.

The proposed revisions:

  1. modify the parenthetical definitions of sex for Title IX and Section 1557 to hew closely to the statutory text. This revision also conforms to E.O. 14168 on “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” and the court order in Texas v. Becerra, No. 6:24-CV-211-JDK, 2024 WL 4490621, at *2 (E.D. Tex. Aug. 30, 2024) (staying nationwide the Section 1557 Final Rule definition of sex discrimination as including “sex characteristics, including intersex traits”; “pregnancy or related conditions”; “sexual orientation”; ( printed page 22159) “gender identity”; and “sex stereotypes”);

  2. update statutory citations where needed and include pinpoint citations to religious nondiscrimination authorities;

  3. add a definition of “program or activity” consistent with the Civil Rights Restoration Act;

  4. include a specific reference to the False Claims Act in light of compliance constituting a material condition of receipt of federal funds; and

  5. make clear the form applies to both applicants and recipients.

Respondents: Entities applying for or receiving federal financial assistance from the Department of Health and Human Services.

Estimated Annualized Burden Hours

| Type of respondent | Form name | Number of
respondents | Number
responses per
respondent | Avg. burden/
response
(in hours) | Total burden
hours |
| --- | --- | --- | --- | --- | --- |
| States, certain health care providers, other persons, and entities | Form HHS-690 | 8,486 | 1 | 4 | 33,944 |
| Total | | 8,486 | 33,944 |

Estimated Annual Burden Costs

The labor cost reflects the time a lawyer and a chief executive spend reviewing and signing Form HHS-690. Base hourly wages are from the Bureau of Labor Statistics (BLS) May 2023 Occupational Employment and Wage Statistics (OEWS):

  • Lawyer (SOC 23-1011): $84.84/hr.
  • Chief Executive (SOC 11-1011): $124.47/hr. Weighted average hourly wage (75% lawyer, 25% chief executive): $94.75/hr.

Fully loaded wage rate with 31% benefits: $124.12/hr.

Per-respondent labor cost (4 hours × $124.12): $496.48.

Total annualized cost across 8,486 respondents: $4,213,379.28.

Cost component Rate/value
Loaded wage rate $124.12/hr.
Hours per respondent 4 hrs.
Labor cost per respondent $496.48.
Total respondents 8,486.
Total annual labor cost $4,213,379.28.

Frequency: The Applicant/Recipient provides this Assurance of Compliance when it applies for or receives new HHS funds.

Catherine Howard,

Paperwork Reduction Act Reports Clearance Officer, Office of the Secretary.

[FR Doc. 2026-08092 Filed 4-23-26; 8:45 am]

BILLING CODE 4153-01-P

Published Document: 2026-08092 (91 FR 22158)

Citations

44 U.S.C. 3501-3521 Paperwork Reduction Act authority cited
E.O. 14168 Executive Order on defending women referenced for sex definition revision

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Last updated

Classification

Agency
Health and Human Services Department
Comment period closes
May 26th, 2026 (28 days)
Compliance deadline
May 26th, 2026 (28 days)
Instrument
Consultation
Branch
Executive
Legal weight
Non-binding
Stage
Consultation
Change scope
Substantive
Document ID
91 FR 22158 / Document Identifier: OS-0945-0008
Docket
Document Identifier: OS-0945-0008

Who this affects

Applies to
Healthcare providers Educational institutions Government agencies
Industry sector
6211 Healthcare Providers
Activity scope
Civil rights compliance filings Federal financial assistance applications Civil rights certification
Geographic scope
United States US

Taxonomy

Primary area
Civil Rights
Operational domain
Compliance
Topics
Healthcare Immigration

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