Yes, if your peer-reviewed article meets any of the following criteria:
· Directly funded by an NIH grant or cooperative agreement active in Fiscal Year 2008
(October 1, 2007- September 30, 2008) or beyond;
· Directly funded by a contract signed on or after April 7, 2008;
· Directly funded by the NIH Intramural Program
· If NIH pays your salary.
A reminder that NIH funding includes not only grants, but cooperative agreements, and contacts. If the author acknowledges NIH support in the article it should more than likely comply with the policy.