July 10, 2025
Lawyers at Feldesman, LLP have been reviewing the proposed HHS rule that dropped earlier today (please see our email from today at 3:46 pm) and they have discovered that the HHS announcement (embedded in that email) does not acknowledge that the PRWORA statute includes an exception to the requirement to conduct program eligibility verification for “nonprofit charitable organization[s]”. In other words, under PRWORA a nonprofit cannot be required to “determine, verify, or otherwise require proof of eligibility of any applicant for benefits.” Rather, another entity, such as a state agency, would conduct the verification and provide the results to the nonprofit to use to determine eligibility for benefits and services. Without such a requirement, nonprofits are not required under PRWORA to verify the immigration status of clients before providing services.
We will continue to update you.
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CLIENT ALERT Feldesman attorneys are tracking all Executive Orders, actions, and court cases impacting recipients of federal funding. Stay tuned for continued analysis and industry updates. HHS Reinterprets “Federal Public Benefit,” Major Impacts for Health Centers and Head Start On Wednesday, July 10, 2025, the U.S. Department of Health and Human Services (HHS) announced a significant policy change by issuing a notice (0991-ZA57) setting forth its revised interpretation of the term “Federal public benefit” as used in Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), 8 U.S.C. Specifically mentioned in the notice are Head Start, the Health Center Program, and Certified Community Behavioral Health Clinics, among others. Read More What You Need to Know Now HEALTH CENTER WEBINAR PRWORA Exemption Eliminated: Immediate Impacts for Health CentersJuly 16 at 4 p.m. ET RegisterHEAD START WEBINARNavigating the Evolving Landscape of Immigration Policies for Head Start AgenciesJuly 16 at 1 p.m. ET Register FEDERAL GRANTS WEBINAR July Federal Grants Briefing: Key Updates and DevelopmentsJuly 15 at 1 p.m. ETRegister Your Legal Partner Feldesman’s legal work with federal grantees nationwide provides unique insight into legal and compliance-related obstacles faced by federal funding recipients and allows us to incorporate emerging trends into our training programs. Attend our trainings for easily digestible legal information and helpful step-by-step instructions that organizations performing federal grants need to know to stay in compliance. |