For the second time, a federal judge in Rhode Island has barred the Department of Health and Human Services from cutting $11 billion in public health funding to states.
In the May 16 ruling, Judge Mary S. McElroy for the District of Rhode Island, issued a temporary injunction in favor of the 23 states and the District of Columbia that brought the lawsuit against HHS Secretary Robert F. Kennedy, Jr.
HHS is required to reinstate the funds while the lawsuit is pending. HHS has until the end of the day today, Tuesday, May 20, to file a status report documenting actions being taken to comply with the order.
The court rejected HHS motion for reconsideration and request to vacate the temporary restraining order and motion for a stay pending appeal.
In April, McElroy granted a 14-day restraining order to the same states and District of Columbia that filed a lawsuit against HHS.
WHY THIS MATTERS
On March 24, HHS terminated $11 billion in public health grants appropriated by Congress.
States were using the funds to address infectious disease outbreaks such as measles and H5N1 (avian influenza); access to immunizations among vulnerable populations; mental health and substance abuse services; and the modernization of public health infrastructure.
For instance, some funds supported data system upgrades for better disease reporting and surveillance, court documents said. Washington had planned to use the funding to bring a new system online over the next 14 months after investing more than $12 million of Centers for Disease Control and Prevention funding for its development.
In Connecticut, the loss of funding impacts data system upgrades for infectious disease and symptom surveillance, with tens of millions of dollars already spent to date, court documents said.
If funding ended, states would be forced to curtail their public health programs and undergo massive layoffs of employees and contractors as these programs could not continue, according to court documents.
THE LARGER TREND
HHS has canceled billions of dollars in spending appropriated by Congress starting in March 2020 to meet the demands of the COVID-19 public health crisis.
The money appropriated by Congress went to HHS, which allocated amounts to the Centers for Disease Control and the Substance Abuse and Mental Health Services Administration. These agencies then gave grants to states.
When the pandemic ended in 2023, Congress reviewed the spending and rescinded appropriations it saw as no longer necessary while leaving other funding in place.
Email the writer: SMorse@himss.org