On March 3, 2025, U.S. Department of Health and Human Services (HHS) Secretary Robert F. Kennedy Jr., published a policy statement in the Federal Register that rescinds the current policy (also known as the Richardson Waiver) of requiring new rules and regulations to be open to public comment before they are implemented by the agency.
In fact, since 1971 the Richardson Waiver has been in place to impose notice-and-comment periods above and beyond those required under the Administrative Procedure Act (APA). Thus, it has been the practice of HHS, under the Administrative Procedure Act, to allow the public an opportunity for public comment voice to their support or opposition to government rule proposals.
As published, the new policy states: “The Department of Health and Human Services’ (the Department) Immediate Office of the Secretary is rescinding the policy on Public Participation in Rule Making (Richardson Waiver) and re-aligning the Department’s rulemaking procedures with the Administrative Procedure Act.”
According to the U.S. News and World Report, HHS says it is revoking the waiver because the public participation process imposes too many responsibilities on it and is “beyond the maximum” requirements of the law (APA). Those obligations “are contrary to the efficient operation of the department, and impede the department’s flexibility to adapt quickly to legal and policy mandates.”
Opponents of this move by HHS point to the importance of public comment and transparency when making rule-making decisions that affect the health and welfare of the people.
Click here to view the document.
Click here to see the actual posting in the Federal Register.
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