Health Care Week in Review | CMS Announces Oversight Initiative to Increase Medicaid and CHIP Citizenship Enforcement; HHS Announces Request for Nominations for Healthcare Advisory Committee

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Below is Alston & Bird’s Health Care Week in Review, which provides a synopsis of the latest news in health care regulations, notices, and guidance; federal legislation and congressional committee action; reports, studies, and analyses; and other health policy news.

Highlight of the Week

This week, CMS launched an initiative aimed at verifying the citizenship and immigration status of individuals enrolled in Medicaid and CHIP and HHS announced a request for nominations for a new Healthcare Advisory Committee.

Regulations, Notices & Guidance

  • On August 21, 2025, FDA released a notice entitled, Animal Studies for Dental Bone Grafting Material Devices--Premarket Notification (510(k)) Submissions. This guidance document provides recommendations for animal study design and animal study information to include to support a 510(k) submission for dental bone grafting material devices. This guidance may help manufacturers comply with some special controls for dental bone grafting material devices. The recommendations reflect current review practices and are intended to promote consistency and facilitate efficient review of these submissions.
  • On August 18, 2025, the Food and Drug Administration (FDA) released guidance entitled, Oncology Therapeutic Radiopharmaceuticals: Dosage Optimization During Clinical Development; Draft Guidance for Industry. This guidance is intended to assist sponsors in identifying an optimized dosage for radiopharmaceutical therapies (RPT) for oncology indications during clinical development and prior to submitting a marketing application for a new indication and usage. The guidance provides considerations for RPT dosage optimization in RPT development programs.
  • On August 18, 2025, FDA released guidance entitled, Approaches to Assessment of Overall Survival in Oncology Clinical Trials. The purpose of this draft guidance is to provide recommendations to sponsors on the assessment of overall survival in randomized oncology clinical trials conducted to support marketing approval of drugs and biological products, with an emphasis on the analysis of overall survival as a prespecified safety endpoint. While the draft guidance discusses situations in which it is appropriate to consider overall survival for the primary endpoint, this draft guidance primarily focuses on statistical or design considerations when overall survival is not the primary endpoint.
  • On August 19, 2025, the Department of Health and Human Services (HHS) released a notice entitled, Declaration of Emergency Pursuant to the Federal Food, Drug, and Cosmetic Act for New World Screwworm. The Secretary of HHS issued this notice pursuant to the Federal Food, Drug, and Cosmetic Act (FD&C Act). On August 18, 2025, the Secretary of HHS determined, pursuant to his authority under the FD&C Act, that there is a significant potential for a public health emergency that has a significant potential to affect national security or the health and security of United States citizens living abroad and that involves New World Screwworm (Cochliomyia hominivorax).
  • On August 19, 2025, the Occupational Safety and Health Administration (OSHA) released a notice entitled, Ethylene Oxide. OSHA is extending the period for submitting comments by 60 days to allow stakeholders interested in the Notice of Proposed Rulemaking (NPRM) on Ethylene Oxide additional time to review the NPRM and collect information and data necessary for comment.
  • On August 19, 2025, OSHA released a notice entitled, Occupational Exposure to COVID-19 in Healthcare Settings. OSHA is extending the period for submitting comments by 60 days to allow stakeholders interested in the NPRM on Occupational Exposure to COVID-19 in Healthcare Settings additional time to review the NPRM and collect information and data necessary for comment.
  • On August 20, 2025, HHS released a notice entitled, Administrative Simplification: Modifications of Health Insurance Portability and Accountability Act of 1996 (HIPAA), National Council for Prescription Drug Programs (NCPDP) Retail Pharmacy Standards; and Modification of the Medicaid Pharmacy Subrogation Standard; Updates to Compliance and Other Related Dates. This document updates compliance and other dates presented in the final rule that appeared in the December 13, 2024 Federal Register titled “Administrative Simplification: Modifications of Health Insurance Portability and Accountability Act of 1996 (HIPAA) National Council for Prescription Drug Programs (NCPDP) Retail Pharmacy Standards; and Modification of the Medicaid Pharmacy Subrogation Standard” to conform with the subsequent final rule that appeared in the February 11, 2025.
  • On August 20, 2025, FDA released a notice entitled, Orthopedic Devices; Classification of Orthopedic Manual Surgical Instrumentation for Use with Total Disc Replacement Devices. FDA is classifying the liver iron concentration imaging companion diagnostic for deferasirox into class II (special controls). The special controls that apply to the device type are identified in this notice and will be part of the codified language for classification of the liver iron concentration imaging companion diagnostic for deferasirox. FDA is taking this action because they have determined that classifying the device into class II will provide a reasonable assurance of safety and effectiveness of the device. FDA believes this action will also enhance patients’ access to beneficial innovative devices, in part by reducing regulatory burdens.
  • On August 20, 2025, FDA released a notice entitled, Orthopedic Devices; Classification of Orthopedic Manual Surgical Instrumentation for Use with Total Disc Replacement Devices. FDA is classifying orthopedic manual surgical instrumentation for use with total disc replacement devices into class II (special controls). The special controls that apply to the device type are identified in this notice and will be part of the codified language for classification of orthopedic manual surgical instrumentation for use with total disc replacement devices. FDA is taking this action because they have determined that classifying the device into class II will provide a reasonable assurance of safety and effectiveness of the device. FDA believes this action will also enhance patients’ access to beneficial innovative devices, in part by reducing regulatory burdens.
  • On August 20, 2025, FDA released a notice entitled, Orthopedic Devices; Classification of Orthopedic Manual Surgical Instrumentation for Use with Non-Fusion Spinous Process Spacer Devices. FDA is classifying orthopedic manual surgical instrumentation for use with non-fusion spinous process spacer devices into class II (special controls). The special controls that apply to the device type are identified in this notice and will be part of the codified language for classification of orthopedic manual surgical instrumentation for use with non-fusion spinous process spacer devices. FDA is taking this action because they have determined that classifying the device into class II will provide a reasonable assurance of safety and effectiveness of the device. FDA believes this action will also enhance patients’ access to beneficial innovative devices, in part by reducing regulatory burdens.
  • On August 20, 2025, FDA released a notice entitled, Immunology and Microbiology Devices; Classification of the Postnatal Chromosomal Copy Number Variation Detection System. FDA is classifying the postnatal chromosomal copy number variation detection system into class II (special controls). The special controls that apply to the device type are identified in this order and will be part of the codified language for the postnatal chromosomal copy number variation detection system’s classification. FDA is taking this action because they have determined that classifying the device into class II will provide a reasonable assurance of safety and effectiveness of the device. FDA believes this action will also enhance patients’ access to beneficial innovative devices, in part by reducing regulatory burdens.
  • On August 20, 2025, FDA released a notice entitled, Immunology and Microbiology Devices; Classification of the Mutation Detection Test for Myeloproliferative Neoplasms. FDA is classifying the mutation detection test for myeloproliferative neoplasms into class II (special controls). The special controls that apply to the device type are identified in this order and will be part of the codified language for classification of the mutation detection test for myeloproliferative neoplasms. FDA is taking this action because they have determined that classifying the device into class II will provide a reasonable assurance of safety and effectiveness of the device. FDA believes this action will also enhance patients’ access to beneficial innovative devices, in part by reducing regulatory burdens.
  • On August 20, 2025, FDA released a notice entitled, Immunology and Microbiology Devices; Classification of the Device that Detects Nucleic Acid Sequences from Microorganisms Associated with Vaginitis and Bacterial Vaginosis. FDA is classifying the device that detects nucleic acid sequences from microorganisms associated with vaginitis and bacterial vaginosis into class II (special controls). The special controls that apply to the device type are identified in this order and will be part of the codified language for the device that detects nucleic acid sequences from microorganisms associated with vaginitis and bacterial vaginosis’s classification. FDA is taking this action because FDA determined that classifying the device into class II will provide a reasonable assurance of safety and effectiveness of the device. FDA believes this action will also enhance patients’ access to beneficial innovative devices, in part by reducing regulatory burdens.
  • On August 20, 2025, FDA released a notice entitled, Immunology and Microbiology Devices; Classification of the Cancer Predisposition Risk Assessment System. FDA is classifying the cancer predisposition risk assessment system into class II (special controls). The special controls that apply to the device type are identified in this order and will be part of the codified language for classification of the cancer predisposition risk assessment system. FDA is taking this action because FDA determined that classifying the device into class II will provide a reasonable assurance of safety and effectiveness of the device. FDA believes this action will also enhance patients’ access to beneficial innovative devices, in part by reducing regulatory burdens.
  • On August 20, 2025, FDA released a notice entitled, Immunology and Microbiology Devices; Classification of the Anti-Phospholipase A2 Receptor Immunological Test System. FDA is classifying the anti-phospholipase A2 receptor immunological test system into class II (special controls). The special controls that apply to the device type are identified in this order and will be part of the codified language for the anti-phospholipase A2 receptor immunological test system’s classification. FDA is taking this action because they have determined that classifying the device into class II will provide a reasonable assurance of safety and effectiveness of the device. FDA believes this action will also enhance patients’ access to beneficial innovative devices, in part by reducing regulatory burdens.
  • On August 20, 2025, FDA released a notice entitled, Immunology and Microbiology Devices; Classification of A Multiplex Respiratory Panel to Detect and Identify Emerging Respiratory Pathogen(s) and Common Respiratory Pathogens in Human Clinical Specimens. FDA is classifying the multiplex respiratory panel to detect and identify emerging respiratory pathogen(s) and common respiratory pathogens in human clinical specimens into class II (special controls). The special controls that apply to the device type are identified in this order and will be part of the codified language for classification of the multiplex respiratory panel to detect and identify emerging respiratory pathogen(s) and common respiratory pathogens in human clinical specimens. FDA is taking this action because they have determined that classifying the device into class II will provide a reasonable assurance of safety and effectiveness of the device. FDA believes this action will also enhance patients’ access to beneficial innovative devices, in part by reducing regulatory burdens.
  • On August 20, 2025, FDA released a notice entitled, Gastroenterology-Urology Devices; Classification of the Laparoscopic Gastrointestinal Sizing Tool. FDA is classifying the laparoscopic gastrointestinal sizing tool into class II (special controls). The special controls that apply to the device type are identified in this order and will be part of the codified language for the classification of the laparoscopic gastrointestinal sizing tool. FDA is taking this action because they determined that classifying the device into class II will provide a reasonable assurance of safety and effectiveness of the device. FDA believes this action will also enhance patients’ access to beneficial innovative devices, in part by reducing regulatory burdens.
  • On August 20, 2025, FDA released a notice entitled, Clinical Chemistry and Clinical Toxicology Devices; Classification of the Pharmacogenetic Assessment System. FDA is classifying the pharmacogenetic assessment system into class II (special controls). The special controls that apply to the device type are identified in this order and will be part of the codified language for classification of the pharmacogenetic assessment system. FDA is taking this action because they have determined that classifying the device into class II will provide a reasonable assurance of safety and effectiveness of the device. FDA believes this action will also enhance patients’ access to beneficial innovative devices, in part by reducing regulatory burdens.
  • On August 20, 2025, FDA released a notice entitled, Clinical Chemistry and Clinical Toxicology Devices; Classification of the Menopause Test System. FDA is classifying the menopause test system into class II (special controls). The special controls that apply to the device type are identified in this order and will be part of the codified language for classification of the menopause test system. FDA is taking this action because they have determined that classifying the device into class II will provide a reasonable assurance of safety and effectiveness of the device. FDA believes this action will also enhance patients’ access to beneficial innovative devices, in part by reducing regulatory burdens.
  • On August 21, 2025, HHS released a final rule entitled, Standards of Conduct; Revocation of Superseded Regulations; Revision of Residual Provisions. HHS is revising and reissuing the Standards of Conduct, a set of substantive and procedural rules relating to conduct and employee responsibilities that augment the Standards of Ethical Conduct for Employees of the Executive Branch, the Supplemental Standards of Ethical Conduct for Employees of HHS, the Supplemental Financial Disclosure Requirements for Employees of HHS, the Employee Responsibilities and Conduct Regulation, and the Executive Branch Financial Disclosure regulations. HHS is removing provisions that have been superseded by these regulations or are otherwise obsolete or unnecessary to efficient administration. This final rule addresses conduct on Federal Government property and the use of Government funds or official information; restates existing standards for workplace courtesy; specifies rules for acceptance of gifts, travel, and employment from foreign governments and other non-Federal entities; provides notice of disciplinary actions available to address violations and prescribes the continuing employee obligation to report violations of rules or law to appropriate authorities. This revision adds a new section addressing Counter-Trafficking in Persons requirements in response to the Trafficking Victims Prevention and Protection Reauthorization Act of 2022 (P.L. 117-348).

Event Notices

Please note that two asterisks (**) preceding the item indicate a new event.

  • August 26-27, 2025: The Department of Veterans’ Affairs (VA) announced a meeting of the Veterans’ Advisory Committee on Rehabilitation. This is a virtual meeting open to the public.
  • August 27, 2025: VA announced a meeting of the Health Systems Research Scientific Merit Review Board. This is a virtual meeting with some sessions open to the public.
  • September 3-4, 2025: The National Institutes of Health (NIH) announced a meeting of the National Advisory Neurological Disorders and Stroke Council. This is a hybrid meeting with some sessions open to the public.
  • September 4, 2025: NIH announced a meeting of the National Institute on Alcohol Abuse and Alcoholism. This is a hybrid meeting with some sessions open to the public.
  • September 4, 2025: NIH announced a meeting of the National Cancer Advisory Board. This is a hybrid meeting with some sessions open to the public.
  • September 4, 2025: NIH announced a meeting of the National Deafness and Other Communication Disorders Advisory Council. This is an in-person meeting with some sessions open to the public.
  • September 4-5, 2025: NIH announced a meeting of the Fogarty International Center Advisory Board. This is a hybrid meeting with some sessions open to the public.
  • September 5, 2025: NIH announced a meeting of the National Advisory Council on Minority Health and Health Disparities. This is a hybrid meeting with some sessions open to the public.
  • September 9, 2025: NIH announced a meeting of the National Advisory Council for Nursing Research. This is a hybrid meeting with some sessions open to the public.
  • September 9, 2025: NIH announced a meeting of the National Council on Drug Abuse. This is a hybrid meeting with some sessions open to the public.
  • September 9-10, 2025: NIH announced a meeting of the National Advisory Child Health and Human Development Council. This is a hybrid meeting with some sessions open to the public.
  • September 9-10, 2025: CDC announced a meeting of the National Center for Health Statistics ICD-10 Coordination and Maintenance Committee. This is a virtual meeting open to the public.
  • September 10, 2025: NIH announced a meeting of the National Institute of Environmental Health Sciences. This is a hybrid meeting with some sessions open to the public.
  • September 10, 2025: FDA announced a meeting of the National Advisory Dental and Craniofacial Research Council. This is a hybrid meeting with some sessions open to the public.
  • September 10, 2025: FDA announced a workshop entitled, Lessons Learned From the Chemistry, Manufacturing, and Controls Development and Readiness Pilot Program; Public Workshop. This is a virtual workshop open to the public.
  • September 11, 2025: NIH announced a meeting of the National Advisory General Medical Sciences Council. This is a virtual meeting with some sessions open to the public.
  • September 11, 2025: NIH announced a meeting of the National Institute of Mental Health. This is a virtual meeting with some sessions open to the public.
  • September 11-12, 2025: The Health Resources and Services Administration (HRSA) announced a meeting of the Council on Graduate Medical Education. This is a hybrid meeting open to the public.
  • September 11-12, 2025: NIH announced a meeting of the Council of Councils. This is a hybrid meeting with some sessions open to the public.
  • September 11-12, 2025: NIH announced a meeting of the National Institute of Environmental Health Sciences. This is a hybrid meeting open to the public.
  • September 16, 2025: NIH announced a meeting of the National Human Genome Research Institute. This is a hybrid meeting open to the public.
  • **September 16-17, 2025: CDC announced a meeting of the Association of Public Health Laboratories (APHL). This is a virtual meeting open to the public.
  • September 17-18, 2025: NIH announced a meeting of the National Institute of Diabetes and Digestive and Kidney Diseases. This is a hybrid meeting with some sessions open to the public.
  • September 17-18, 2025: NIH announced a meeting of the National Institute on Aging. This is a virtual meeting with some sessions open to the public.
  • September 18, 2025: NIH announced a meeting of the National Center for Advancing Translational Sciences. This is a hybrid meeting with some sessions open to the public.
  • September 18, 2025: FDA announced a meeting entitled, Biosimilar User Fee Act (BsUFA) III Regulatory Science Program Interim Public Meeting. This is a hybrid meeting open to the public.
  • September 19, 2025: NIH announced a meeting of the National Advisory Council for Complementary and Integrative Health. This is a hybrid meeting with some sessions open to the public.
  • September 19, 2025: FDA announced a public workshop entitled, Advancing the Development of Interchangeable Products: Identifying Future Needs. This is a hybrid workshop open to the public.
  • **September 24, 2025: FDA announced a meeting entitled, Prescription Drug User Fee Act and Biosimilar User Fee Amendments Hiring and Retention Assessment. This is a hybrid meeting open to the public.
  • September 25, 2025: NIH announced a meeting of the National Institute of Allergy and Infectious Diseases. This is a virtual meeting open to the public.
  • September 30, 2025: NIH announced a meeting of the Diabetes Mellitus Interagency Coordinating Committee. This is a virtual meeting open to the public.
  • **September 30, 2025: FDA announced a meeting entitled, Financial Transparency and Efficiency of the Prescription Drug User Fee Act, Biosimilar User Fee Act, and Generic Drug User Fee Amendments. This is a hybrid meeting open to the public.
  • **October 3, 2025: NIH announced a meeting of the National Eye Institute. This is a virtual meeting with some sessions open to the public.
  • **October 7, 2025: NIH announced a meeting of the Office of the Director. This is a virtual meeting open to the public.
  • October 8-9, 2025: NIH announced a meeting of the National Institute of Diabetes and Digestive and Kidney Diseases. This is a hybrid meeting with some sessions open to the public.
  • October 27-28, 2025: NIH announced a meeting of the Board of Regents of the National Library of Medicine. This is a virtual meeting with some sessions open to the public.
  • October 27-29, 2025: NIH announced a meeting of the Board of Scientific Counselors of the National Institute on Aging. This is a hybrid meeting with some sessions open to the public.
  • **November 16-18, 2025: NIH announced a meeting of the National Institute of Environmental Health Sciences. This is a hybrid meeting with some sessions open to the public.
  • December 1-2, 2025: NIH announced a meeting of the Eunice Kennedy Shriver National Institute of Child Health & Human Development. This is a hybrid meeting open to the public.
  • December 4-5, 2025: HRSA announced a meeting of National Advisory Council on Nurse Education and Practice. This is a hybrid meeting open to the public.
  • December 5, 2025: NIH announced a meeting of the Board of Scientific a meeting of the Eunice Kennedy Shriver National Institute of Child Health & Human Development. This is a hybrid meeting with some sessions open to the public.
  • March 30-31, 2026: NIH announced a meeting of the National Institute of Diabetes and Digestive and Kidney Diseases. This is a hybrid meeting with some sessions open to the public.
  • **June 5, 2026: NIH announced a meeting of the Eunice Kennedy Shriver National Institute of Child Health & Human Development. This is a hybrid meeting with some sessions open to the public.

Reports, Studies & Analyses

  • On August 19, 2025, HealthAffairs released a report entitled, Sharp Rise In Urban Hospitals With Rural Status In Medicare, 2017–23. Using Medicare cost reports and impact files, researchers documented a substantial increase in administratively rural hospitals in the U.S., driven by the dual classification of existing hospitals located in urban areas, which rose from three in 2017 to 425 in 2023. The majority of these dually designated hospitals were nonprofit institutions, including several large academic medical centers located in metropolitan areas. The researchers recommend that Congress should ensure that federal programs supporting rural health are directed solely to geographically rural hospitals.
  • On August 21, 2025, the HHS Office of Inspector General (OIG) released a report entitled, Medicare Enrollees Left Acute-Care Hospitals Against Medical Advice at Increasing Rates. OIG found that the rates at which enrollees leave acute-care hospitals against medical advice (AMA) have steadily increased since 2006 across most demographics analyzed, and spiked during the COVID-19 public health emergency. Enrollees who left AMA were more likely to experience poor health outcomes compared to those discharged to their homes. Notably, the frequency of AMA discharges appears inversely correlated with hospital quality-of-care ratings – hospitals with lower ratings tend to have higher AMA discharge rates. Additionally, dual enrollees eligible for both Medicare and Medicaid, as well as individuals with a mental health diagnosis, were more likely to leave AMA than Medicare-only enrollees and those without such diagnoses.

Other Health Policy News

  • On August 18, 2025, the Department of Education released a proposed rule to significantly alter the eligibility requirements to receive benefits from the Public Service Loan Forgiveness (PSLF) program. The proposal would prohibit individuals employed by organizations that “engage in activities that have a substantial illegal purpose” from qualifying for PSLF benefits. The proposed rule defines “substantial illegal purpose” broadly to include: (1) “aiding or abetting” illegal immigration; (2) supporting a Foreign Terrorist Organization through funding or operations, specifically cartels; (3) providing gender-affirming care, under interpretations of chemical and surgical mutilation laws; (4) “engaging in the trafficking of children to states for purposes of emancipation from their lawful parents;” (5) “aiding or abetting illegal discrimination,” which the Administration has used to target Diversity, Equity, and Inclusion (DEI) policies; and (6) “engaging in a pattern of violating State laws,” which the Administration has often said in reference to abortion services.

    The proposed rule is open to public comment until September 17, 2025. The text of the proposed rule can be found here. A press release on the proposed rule can be found here.
  • On August 18, 2025, HHS launched MAHA in Action, a webpage which features an interactive tracker to track state and federal level reforms driven by HHS Secretary Robert F. Kennedy, Jr. and President Donald Trump’s Make America Healthy Again (MAHA) agenda. The platform provides real-time updates on HHS efforts to reform health, food, and public safety systems across the United States. It highlights progress on various initiatives, including the closure of “generally recognized as safe” regulatory loopholes, the removal of certain food additives, restructuring of HHS’ vaccine advisory committee, and investigations into the causes of autism. Included in the tracker is an interactive map that follows Secretary Kennedy’s MAHA Tours, which involve visits to states adopting specific MAHA reforms. These include the addition of warning labels on certain ingredients in two states, bans on synthetic dyes and additives in school meals in eight states, restrictions on sugary drinks and candy in Supplemental Nutrition Assistance Program (SNAP) benefits in 12 states, and limitations on cell phone use in schools in 22 states. A press release on the launch of the tracker can be found here.
  • On August 19, 2025, the Centers for Medicare & Medicaid Services (CMS) launched an initiative aimed at verifying the citizenship and immigration status of individuals enrolled in Medicaid and the Children’s Health Insurance Program (CHIP). The goal of this is to ensure that enrollees are U.S. citizens, U.S. nationals, or individuals with satisfactory immigration status, in accordance with federal eligibility requirements. As part of the effort, CMS will begin distributing monthly enrollment reports to states, identifying individuals whose citizenship or immigration status could not be confirmed through federal databases. In a press release, CMS said that states will be responsible for reviewing these cases, requesting additional documentation if necessary, and taking appropriate actions, which may include adjusting coverage or enforcing non-citizen eligibility rules. The first set of reports is being sent to states this month, with all states expected to receive their respective reports within the next few weeks. According to CMS, individuals without satisfactory immigration status may only receive limited services under specific circumstances. The full press release from CMS is available here.
  • On August 21, 2025, HHS and CMS announced a request for nominations for the Healthcare Advisory Committee, a new federal advisory body the Administration is establishing under authorities from the Public Health Service Act. The committee will provide strategic recommendations to HHS and CMS to improve the operations and outcomes of federally administered healthcare programs, including Medicare, Medicaid, CHIP, and the Health Insurance Marketplace. Nominees should have practical experience or expertise in areas such as chronic disease prevention, healthcare financing, delivery system reform, and health economics. CMS will appoint 15 members, drawn from sectors including the provider community, health insurers, academia, manufacturers, advocacy groups, and other organizations with demonstrated knowledge of the U.S. healthcare system. The committee’s work will align with the goals of the MAHA Commission, established by Executive Order (EO) earlier this year. The Healthcare Advisory Committee will focus on developing policy initiatives to promote chronic disease prevention, reduce administrative burden, and improve patient outcomes. Additional priorities include advancing a real-time data system for care and claims processing, identifying structural improvements for Medicaid populations, and modernizing Medicare Advantage through updated risk adjustment and quality measures. The request for nominations can be found here. A press release can be found here.
  • On August 21, 2025, the Supreme Court agreed to allow NIH to terminate $783 million in grants linked to, in part, DEI and “gender ideology” initiatives by a vote of 5-4. The court granted a request from the Administration to pause a ruling by a federal judge in Massachusetts that required the federal government to continue making the payments. Notably, the court seemed to indicate that the judgment was based upon a lack of jurisdiction of the federal court the case was filed in, rather than the merits of the grant cancellations. Additionally, the court left in place a different portion of the lower court’s ruling, which had discarded internal NIH guidance describing the agency’s policy priorities. Earlier this year, NIH ended hundreds of grants linked to, in part, DEI- and gender-related studies in response to EOs 14151, 14168, and 14173, which instructed the Office of Management and Budget to end DEI programs in the federal government. The full decision can be found here. EO 14151 can be found here. EO 14168 can be found here. EO 14173 can be found here.

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