State attorney general Anne Lopez joined in another suit against the Trump administration on Tuesday, this time seeking to compel the U.S. Department of Health and Human Services and HHS secretary Robert Kennedy to make good on some $12 billion in previously authorized and appropriated public health grants.

What You Need To Know

  • According to the AG’s office, Hawaii stands to lose more than $89 million in grants that were abruptly rescinded by HHS last week
  • The grants fund state Department of Health contracts for data infrastructure and modernization, community support services, substance abuse prevention services and public health staff, as well as capital improvements and equipment upgrades for state labs on Oahu and Kauai
  • HHS: 'The COVID-19 pandemic is over and HHS will no longer waste billions of taxpayer dollars responding to a non-existent pandemic that Americans moved on from years ago'
  • The AGs are seeking a temporary restraining order invalidating the department’s grant terminations in the participating states because HHS’ actions violate the Administrative Procedures Act. The states are also asking the court to prevent HHS from maintaining or reinstating the terminations and any agency actions implementing them

According to the AG’s office, Hawaii stands to lose more than $89 million in grants that were abruptly rescinded by HHS last week.

The grants fund state Department of Health contracts for data infrastructure and modernization, community support services, substance abuse prevention services and public health staff, as well as capital improvements and equipment upgrades for state labs on Oahu and Kauai. If the funding is not restored, many of these contracts could be terminated.

“The HHS cuts threaten the urgent public health needs of Hawaii and other states around the country at a time when emerging disease threats — such as measles and bird flu — are on the rise,” Governor Josh Green warned.

The grants were included in COVID 19-related legislation to support critical public health initiatives during and after the pandemic. About $11 billion was awarded through the Centers for Disease Control. Another $1 billion came through the Substance Abuse and Mental Health Services Administration.

The administration justified the cuts as an extension of its ongoing efforts to rid the federal government of waste, fraud and inefficiency.

“The COVID-19 pandemic is over and HHS will no longer waste billions of taxpayer dollars responding to a non-existent pandemic that Americans moved on from years ago,” HHS said in a statement issued last week.

The suit, filed by a coalition of attorneys general for 23 states plus the District of Columbia, argues that the terminations violate federal law because the end of the pandemic does not constitute a “for cause” basis for canceling the grants, especially since none of the appropriated funds are tied to the end of the pandemic. Some of the grants also do not include “for cause” as an accepted basis for termination.

“Congress made wide-ranging public health investments that support and protect community health programs, prepare states for future health threats and fund local partnerships with community health providers,” Lopez said. “Hawaii relied upon the federal government’s legally binding obligations. Terminating hundreds of millions of dollars in federal grants obligated to Hawaii that have already been appropriated by Congress, without notice, is unlawful and harms our most vulnerable and underserved communities,” said Attorney General Lopez. 

The AGs are seeking a temporary restraining order invalidating the department’s grant terminations in the participating states because HHS’ actions violate the Administrative Procedures Act. The states are also asking the court to prevent HHS from maintaining or reinstating the terminations and any agency actions implementing them.

Michael Tsai covers local and state politics for Spectrum News Hawaii. He can be reached at michael.tsai@charter.com.