HHS Rescinds Long-Standing Policy on Allowing Public Comment

By: Yvette Seger
Wednesday, March 12, 2025
On March 3, the Department of Health and Human Services (HHS) issued a notice in the Federal Register announcing the rescission of a long-standing policy on public participation in the rulemaking process. Adopted by HHS in 1971, the Richardson Waiver removed the statutory exemption of the Administrative Procedure Act to allow the Department to utilize “notice and comment” procedures for rulemaking associated with “public property, loans, grants, benefits, or contracts.” Thus, for over 50 years, the Richardson waiver has allowed organizations and individuals the opportunity to provide feedback on actions being considered by HHS leadership related to public property, loans, grants, benefits, or contracts. This change is effective immediately.

HHS processes and agencies that utilize the federal regulatory or rulemaking process, such as the Food and Drug Administration, Centers for Disease Control and Prevention, and the Centers for Medicare and Medicaid Services, are most directly affected by this change. The National Institutes of Health (NIH) rarely utilizes the rulemaking process, and thus, it is unclear as to whether or how this reversal will affect its ability to collect stakeholder feedback on the development of new or revision of existing funding mechanisms through requests for information or other forms of public comment.