By Randall Rutta, Chief Executive Officer & Micah Nation, Director, Executive Office  

In today’s shifting political environment, nonprofit organizations are facing an evolving landscape of compliance and communications challenges. On March 5, the National Health Council (NHC), held a webinar to help nonprofits in the rare disease space better navigate these changes.  

Jessica Abrahams, a legal expert from Faegre Drinker Biddle & Reath LLP, joined the meeting to explore the impact of executive orders, memos, and recent legal rulings and addressing the complexities of continuing mission-based activities related to diversity, equity, and inclusion (DEI). Stephanie Silverman, Elizabeth Lee, and Margaret French from Venn Strategies, were also on-hand to advise attendees on adapting communication strategies to be accessible and compliant while continuing to effectively serve patient communities. 

Impact of Executive Orders & Court Rulings
Abrahams highlighted the ongoing impacts of executive orders, particularly those related to DEI and gender-affirming care, which have prompted injunctions to halt their implementation. She urged organizations to take a cautious, methodical approach to compliance, warning that the administration may create confusion and anxiety to prompt self-censorship or overreaction. Instead, she stressed the importance of remaining clear-headed and closely monitoring legal developments.  

Government Termination Notices and Stop Work Order
Abrahams explored the implications of government termination notices and stop work orders, providing guidance on recovering related costs such as administrative, wind-down, legal, and severance expenses. She emphasized the importance of properly documenting these costs in a termination claim and acting quickly to avoid payment delays, especially amid potential government shutdowns or budget changes. Clarifying a common misconception, Abrahams explained that costs incurred after receiving a notice can still be claimed and recovered if a grant, contract, or funding is suspended or terminated. Additionally, she noted that organizations are not required to terminate employees if work is stopped. 

(See Faegre Drinker guidance for more: Responding to Recent Guidance on OMB’s Temporary Pause of Federal Financial Assistance Programs)  

DEI Certification and Compliance
The complex nature of DEI activities and certifications under government contracts was another crucial topic where Abrahams provided guidance. While a nationwide injunction currently prevents the government from mandating from requiring entities to certify that they are no longer engaged in DEI activities, she noted that such requests are still occurring. She advised organizations to avoid premature certification and instead communicate that they are working on compliance within the allowed 90-day period. She further recommended a thorough review of contracts, policies, and public content to assess potential risks related to continued DEI activities. 

Navigating Politics Through Clear Messaging
As the political environment continues to shift, the importance of clear, inclusive, and understandable messaging became a key focus. The Venn Strategy teams stressed the need for organizations to avoid jargon or divisive language and instead focus on stories that resonate with a wide audience. By emphasizing patient-centered narratives and clear policy impacts, organizations can better engage policymakers and the public while maintaining their core values. 

Patient Advocacy and Public Health
Throughout the meeting, patient advocacy remained at the forefront. Silverman and Lee highlighted the importance of public health advocacy in the current political climate, suggesting that the public health community adopt a “common sense revolution” to counter the rise of elitism.  

The NHC recognizes the continued need for patient engagement, especially as the NHC prepares a response to HHS’s recent shift away from public comments. The discussion underscored the importance of staying connected with patients and the health care community as rapid policy changes unfold.  

As organizations work to align with current policies, the importance of maintaining clarity, adaptability, and patient-centered messaging cannot be overstated. With careful planning and strategic action, health organizations can continue to serve their communities while managing the challenges presented by today’s policy landscape. 

For more details, view the full webinar here: https://youtu.be/16JktescKjU