Marylana Saadeh Helou, Member of the Firm in the Health Care & Life Sciences practice, in the firm’s Boston office, was quoted in STAT News, in “HHS Devises Legal Playbook for Future Grant Terminations, Internal Memo Shows,” by Anil Oza. (Read the full version – subscription required.)
Following is an excerpt:
As the National Institutes of Health recently paused its campaign to terminate billions of dollars in grants, its parent agency was starting to lay out a more cautious and legally rigorous strategy for canceling research deemed out of step with Trump administration priorities, an internal memo shows.
Guidance from the Office of the General Counsel at the Department of Health and Human Services, obtained by STAT, outlines a new legal advisory process and advice to staffers on the justifications for terminations that could make them less susceptible to court challenges. …
“It’s almost like they’re admitting that their process before was inappropriate and lacked legal basis for termination,” said Marylana Saadeh Helou, a partner at Epstein Becker & Green, who has been advising universities on appealing grant terminations. …
The guidance closes with a reminder to staffers that grantees are required to submit to HHS forms that certify the recipient is compliant with federal anti-discrimination laws. In April, the NIH issued new guidance saying it would not issue awards to institutions with boycotts of Israel or diversity, equity, and inclusion programs that are in violation of antidiscrimination laws. In June, the policy was rescinded, reinstated, and rescinded once again with new language all in the matter of a week.
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