Secretary of Health and Human Services - 101
"Controversial HHS Policy Change: Rescission of Richardson Waiver Reduces Public Input on Rules"
U.S. Department of Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. has made a significant policy change that has sparked considerable debate and concern. On February 28, 2025, Secretary Kennedy issued a policy statement announcing the rescission of the Richardson Waiver, a long-standing policy that had required HHS to allow public comment on new rules and regulations beyond the minimum requirements of the Administrative Procedure Act (APA).
This waiver, in place since 1971, had mandated that HHS provide the public with an opportunity to comment on proposed rules, including those related to agency management, personnel, public property, loans, grants, benefits, and contracts. The decision to rescind this waiver was formally published in the Federal Register on March 3, 2025.
According to the policy statement, the Richardson Waiver imposed "extra-statutory obligations" that were seen as a burden on the department, contrary to its efficient operation, and impeding its flexibility to adapt quickly to legal and policy mandates. Secretary Kennedy argued that these obligations were beyond the maximum procedural requirements specified in the APA and thus were no longer necessary[1][2][4].
This move has been met with criticism from various stakeholders, including advocacy groups and legal experts. They argue that public comment is crucial for transparency and ensuring that the public has a voice in rule-making decisions that affect health and welfare. LeadingAge President and CEO Katie Smith Sloan expressed concern that this change could have negative impacts on policies related to payment, regulations, safety, and operations[2].
The new policy aligns HHS rulemaking procedures with the APA, which does not require public comment for certain categories such as agency management, personnel, public property, loans, grants, benefits, or contracts. However, HHS agencies and offices still have the discretion to apply notice and comment procedures if they choose to do so[2][4].
This decision is particularly significant as it contradicts Secretary Kennedy’s earlier pledges of “radical transparency” in public health decision-making. The change may affect various areas, including Medicare, Medicaid, and the Children's Health Insurance Program, although changes to Medicare are likely to still require public notice and comment due to separate statutory requirements[4].
Industry experts are also questioning the scope of policies that will now be exempt from public comment and the potential impact on the practical implementation and judicial review of these rules. For instance, HHS contracts and grants may largely see a departure from notice and comment procedures, which could lead to less certainty in the interpretation of rules applicable to these areas[4].
Overall, the rescission of the Richardson Waiver marks a significant shift in how HHS engages with the public in its rule-making processes, raising concerns about transparency and public participation in health policy decisions.
This waiver, in place since 1971, had mandated that HHS provide the public with an opportunity to comment on proposed rules, including those related to agency management, personnel, public property, loans, grants, benefits, and contracts. The decision to rescind this waiver was formally published in the Federal Register on March 3, 2025.
According to the policy statement, the Richardson Waiver imposed "extra-statutory obligations" that were seen as a burden on the department, contrary to its efficient operation, and impeding its flexibility to adapt quickly to legal and policy mandates. Secretary Kennedy argued that these obligations were beyond the maximum procedural requirements specified in the APA and thus were no longer necessary[1][2][4].
This move has been met with criticism from various stakeholders, including advocacy groups and legal experts. They argue that public comment is crucial for transparency and ensuring that the public has a voice in rule-making decisions that affect health and welfare. LeadingAge President and CEO Katie Smith Sloan expressed concern that this change could have negative impacts on policies related to payment, regulations, safety, and operations[2].
The new policy aligns HHS rulemaking procedures with the APA, which does not require public comment for certain categories such as agency management, personnel, public property, loans, grants, benefits, or contracts. However, HHS agencies and offices still have the discretion to apply notice and comment procedures if they choose to do so[2][4].
This decision is particularly significant as it contradicts Secretary Kennedy’s earlier pledges of “radical transparency” in public health decision-making. The change may affect various areas, including Medicare, Medicaid, and the Children's Health Insurance Program, although changes to Medicare are likely to still require public notice and comment due to separate statutory requirements[4].
Industry experts are also questioning the scope of policies that will now be exempt from public comment and the potential impact on the practical implementation and judicial review of these rules. For instance, HHS contracts and grants may largely see a departure from notice and comment procedures, which could lead to less certainty in the interpretation of rules applicable to these areas[4].
Overall, the rescission of the Richardson Waiver marks a significant shift in how HHS engages with the public in its rule-making processes, raising concerns about transparency and public participation in health policy decisions.
- Broadcast on:
- 09 Mar 2025
U.S. Department of Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. has made a significant policy change that has sparked considerable debate and concern. On February 28, 2025, Secretary Kennedy issued a policy statement announcing the rescission of the Richardson Waiver, a long-standing policy that had required HHS to allow public comment on new rules and regulations beyond the minimum requirements of the Administrative Procedure Act (APA).
This waiver, in place since 1971, had mandated that HHS provide the public with an opportunity to comment on proposed rules, including those related to agency management, personnel, public property, loans, grants, benefits, and contracts. The decision to rescind this waiver was formally published in the Federal Register on March 3, 2025.
According to the policy statement, the Richardson Waiver imposed "extra-statutory obligations" that were seen as a burden on the department, contrary to its efficient operation, and impeding its flexibility to adapt quickly to legal and policy mandates. Secretary Kennedy argued that these obligations were beyond the maximum procedural requirements specified in the APA and thus were no longer necessary[1][2][4].
This move has been met with criticism from various stakeholders, including advocacy groups and legal experts. They argue that public comment is crucial for transparency and ensuring that the public has a voice in rule-making decisions that affect health and welfare. LeadingAge President and CEO Katie Smith Sloan expressed concern that this change could have negative impacts on policies related to payment, regulations, safety, and operations[2].
The new policy aligns HHS rulemaking procedures with the APA, which does not require public comment for certain categories such as agency management, personnel, public property, loans, grants, benefits, or contracts. However, HHS agencies and offices still have the discretion to apply notice and comment procedures if they choose to do so[2][4].
This decision is particularly significant as it contradicts Secretary Kennedy’s earlier pledges of “radical transparency” in public health decision-making. The change may affect various areas, including Medicare, Medicaid, and the Children's Health Insurance Program, although changes to Medicare are likely to still require public notice and comment due to separate statutory requirements[4].
Industry experts are also questioning the scope of policies that will now be exempt from public comment and the potential impact on the practical implementation and judicial review of these rules. For instance, HHS contracts and grants may largely see a departure from notice and comment procedures, which could lead to less certainty in the interpretation of rules applicable to these areas[4].
Overall, the rescission of the Richardson Waiver marks a significant shift in how HHS engages with the public in its rule-making processes, raising concerns about transparency and public participation in health policy decisions.
This waiver, in place since 1971, had mandated that HHS provide the public with an opportunity to comment on proposed rules, including those related to agency management, personnel, public property, loans, grants, benefits, and contracts. The decision to rescind this waiver was formally published in the Federal Register on March 3, 2025.
According to the policy statement, the Richardson Waiver imposed "extra-statutory obligations" that were seen as a burden on the department, contrary to its efficient operation, and impeding its flexibility to adapt quickly to legal and policy mandates. Secretary Kennedy argued that these obligations were beyond the maximum procedural requirements specified in the APA and thus were no longer necessary[1][2][4].
This move has been met with criticism from various stakeholders, including advocacy groups and legal experts. They argue that public comment is crucial for transparency and ensuring that the public has a voice in rule-making decisions that affect health and welfare. LeadingAge President and CEO Katie Smith Sloan expressed concern that this change could have negative impacts on policies related to payment, regulations, safety, and operations[2].
The new policy aligns HHS rulemaking procedures with the APA, which does not require public comment for certain categories such as agency management, personnel, public property, loans, grants, benefits, or contracts. However, HHS agencies and offices still have the discretion to apply notice and comment procedures if they choose to do so[2][4].
This decision is particularly significant as it contradicts Secretary Kennedy’s earlier pledges of “radical transparency” in public health decision-making. The change may affect various areas, including Medicare, Medicaid, and the Children's Health Insurance Program, although changes to Medicare are likely to still require public notice and comment due to separate statutory requirements[4].
Industry experts are also questioning the scope of policies that will now be exempt from public comment and the potential impact on the practical implementation and judicial review of these rules. For instance, HHS contracts and grants may largely see a departure from notice and comment procedures, which could lead to less certainty in the interpretation of rules applicable to these areas[4].
Overall, the rescission of the Richardson Waiver marks a significant shift in how HHS engages with the public in its rule-making processes, raising concerns about transparency and public participation in health policy decisions.