Unions representing federal government workers vowed legal action over major cuts to probationary staff across the government Friday (Feb. 13), including at HHS subagencies, though it’s still unclear precisely how many staff are affected at each subagency.

The layoffs are expected to impact about 5,200 probationary employees across HHS, a source told Inside Health Policy, but it’s so far unclear how those cuts will be distributed across the department. Staff cuts at the Centers for Disease Control and Prevention (CDC) and the National Institutes of Health (NIH), at least, have already begun.

A source told IHP Friday cuts at some subagencies may be delayed due to conflicts between political appointees and the staff who would carry out the firings.

CMS had not been informed of cuts as of Thursday (Feb. 13), according to former CMS official Lee Fleisher.

But another source told IHP all probationary staff at the Administration for Children and Families have been fired.

Renee Wegrzyn, the first head of the Advanced Research Projects Agency for Health (ARPA-H), announced on LinkedIn Friday she had been dismissed from her position, which is intended to serve a four-year term. ARPA-H was established less than three years ago, meaning most of its employees would be probationary.

“Despite (Office of Personnel Management) guidance earlier this week advising agencies not to engage in sweeping terminations, the administration has plowed forward. Employees were given no notice, no due process, and no opportunity to defend themselves in a blatant violation of the principles of fairness and merit that are supposed to govern federal employment,” the American Federation of Government Employees (AFGE), which represents most HHS employees, wrote in a statement Friday.

AFGE added, “AFGE will fight these firings every step of the way. We will stand with every impacted employee, pursue every legal challenge available, and hold this administration accountable for its reckless actions.”

The National Treasury Employees Union, which represents FDA staff, announced this week it would file a suit against multiple Trump administration actions to cut the federal workforce.

The unions are likely to challenge the firings of employees without cause, even though the workers are within probationary periods that in some cases can last for two to three years in government roles.

A statement from HHS Friday said, “HHS is following the Administration’s guidance and taking action to support the President’s broader efforts to restructure and streamline the federal government. This is to ensure that HHS better serves the American people at the highest and most efficient standard.”

CBS News reported Friday about 1,270 of the approximately 2,800 probationary employees at CDC were being let go. Independent journalist Jeremy Faust reported that contracts at CDC and other agencies with major support firm Katmai Government Services have been terminated. The firm provides training, health care staffing services and a wide range of other support to the federal government.

After being sworn in Thursday (Feb. 13), HHS Secretary Robert F. Kennedy, Jr. was asked by Fox News about staff reductions, including media reports that as much as 50% of staff at some subagencies could be cut.

Kennedy said he “would be surprised if there were 50% cuts.”

“I think the lower-level employees at HHS, most of them are public-spirited, good public servants, good American patriots, and hardworking people. What I’m interested in are moving around, moving away the people who have made really bad decisions, for example, on the nutrition guidelines,” Kennedy said. “People who have — you know, there’s people at NIH that were involved in the amyloid plaque scandals that derailed Alzheimer’s treatment for 20 years. It’s all corruption. Those kinds of people need to be moved.”

Kennedy said he has “a list in my head” of HHS employees who could be dismissed.

“And, you know, we have a generic list of the kind of people that, if you’ve been involved in good science, you’ve got nothing to worry about. If you care about public health, you’ve got nothing to worry about,” he added. “If you’re in there working for the pharmaceutical industry, then I’d say you should move out and work for the pharmaceutical industry.”

Many health care stakeholders and Democratic lawmakers are protesting against the administration’s staffing and funding cuts, particularly at NIH after the agency announced it was introducing a 15% cap on indirect costs rates. A federal judge has for now blocked that policy from implementation, after the attorneys general of 22 states said it exceeded statutory authority.

NIH’s principal deputy director, Lawrence Tabak, abruptly retired from the agency effective immediately this week, after about 25 years in government. President Donald Trump had passed over Tabak, the agenda’s number two official, to choose Matthew Memoli as acting NIH director. The Wall Street Journal reported in 2021 that Memoli was a strong internal opponent of COVID-19 vaccines for young people and vaccine mandates, and had declined to be vaccinated himself. Tabak was a prominent supporter of COVID-19 vaccination and former COVID advisor Anthony Fauci.

A confirmation hearing on Trump’s choice to lead NIH in the long term, Jay Bhattacharya, hasn’t yet been scheduled. Bhattacharya has been a frequent critic of NIH and one of the authors of the Great Barrington Declaration, a document advocating against COVID lockdowns that was condemned by many public health organizations.

Sen. Susan Collins (R-ME) said Monday (Feb. 10) she had talked with Kennedy about the indirect costs cap and he agreed to revisit it after being confirmed.

Friends of Cancer Research said in a statement Wednesday (Feb. 12) cuts to the workforce and funding at FDA and NIH could “undermine the very foundation of American scientific leadership, innovation, and public health.” Among the consequences, the organization warned, would be delays in treatment development, economic losses, and harm to the United States’ status as a world leader in medical science.

“Maintaining a robust and expert workforce at these agencies is critical to ensure the U.S. remains the global leader in biomedical research, pharmaceutical development, regulatory science and timely patient access. Slashing resources without understanding the true needs of these agencies will have serious consequences for patients, slowing down the development and approval of new treatments and technologies,” the group wrote.

Liberal think tank the Center for American Progress (CAP) published a blog post Thursday arguing NIH cuts would “would adversely affect researchers, universities and institutions, and state economies — ultimately limiting medical advancements and therapies available to patients.”

CAP cited data from the advocacy organization United for Medical Research finding that for fiscal 2023, NIH funding supported more than 410,000 jobs and drove nearly $93 billion in economic benefits, more than twice the amount of NIH appropriations.

The Senate Democratic caucus blasted the cost caps in a letter sent to Kennedy after his swearing in Thursday, saying it “represents an indiscriminate funding cut that will be nothing short of catastrophic for the lifesaving research that patients and families are counting on.”

“The Administration’s new policy means that research will come to a halt, sick kids may not get the treatment they need, and clinical trials may shut down abruptly,” the senators wrote.

Sen. Tammy Baldwin (D-WI) said in a statement Friday NIH has stopped grant funding despite court orders for the Trump administration to halt its funding freeze. Baldwin wrote that NIH has announced no notices of awards for grants since Feb. 3 and has canceled more than 50 NIH Advisory Council meetings, which make decisions on grant awards.