New Executive Order: Diversity, Equity, and Inclusion (DEI) Programs Terminated

The Trump administration has released a new executive order stating that all federal DEI programs have been terminated. Every federal contract or grant award must include a term requiring the contractor or grant recipient to certify that it (1) is in full compliance with all applicable federal anti-discrimination laws and (2) does not operate any programs promoting DEI that violate such laws. These certifications will be considered material to the government’s payment decisions. 

Any government contractor or grant recipient that continues to engage in the prohibited “discrimination” or maintains certain affirmative action programs or DEI policies will risk false claims liability by submitting invoices to the government for payment. Facilities that are Medicare certified are considered a government contractor. Providers are encouraged to engage their counsel on how to comply with this new executive order.

Read the full executive order here.