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Appeals Court Upholds Nationwide Block on NIH 15% Overhead Cap

The panel said a congressional spending rider, along with HHS rules, preserves negotiated reimbursement rates.

Overview

  • A unanimous First Circuit panel affirmed a permanent injunction that bars NIH from imposing a 15% cap on indirect-cost reimbursements.
  • The court found the policy unlawful under a long-standing appropriations rider and agency regulations that require institution-specific negotiations.
  • Judges also agreed the Massachusetts district court had subject-matter jurisdiction, enabling nationwide relief beyond the plaintiff states.
  • NIH had projected roughly $4 billion in savings for direct research costs, while opponents warned of layoffs, lab closures, and stalled clinical trials.
  • NIH declined to say whether it will appeal, leaving negotiated indirect-cost agreements in place while the policy remains halted.