The Department of Health and Human Services (HHS) recently announced the rescinding of the Public Participation in Rule Making (Richardson Waiver), which invited public participation in rulemaking related to federal rules and regulations. HHS Secretary Robert F. Kennedy Jr. announced the repeal in a policy memo, emphasizing that this decision aligns the Department with the Administrative Procedure Act (APA). Effect immediately, the HHS will no longer apply additional notice and comment requirements beyond what the APA mandates.
The APA established procedures for federal rulemaking, requiring agencies to provide public notice and solicit feedback before implementing certain regulations. However, it also allows exemptions for certain areas, including public property, loans, grants, benefits and contracts. The Richardson Waiver voluntarily extended public participation to these areas within HHS, ensuring transparency and accountability in policymaking. By rescinding the waiver, HHS is removing these safeguards, making it easier to change policies without consulting the public or affected stakeholders.
While this repeal does not affect the Medicare payment rule processes, it may impact public participation in policymaking related to National Institutes of Health research funding and Medicaid regulations. Without a mandatory public comment period, HHS can now make sweeping changes with minimal oversight, potentially altering hospital reimbursement rates, research funding allocations and healthcare compliance regulations without input from medical professionals or patient advocacy groups.
The MHA encourages healthcare stakeholders to increase direct engagement with policymakers, strengthen advocacy efforts and collaborate with professional organizations to ensure their concerns are still represented. It will be more critical than ever for hospitals and advocacy groups to remain vigilant, track policy changes closely and actively seek alternative ways to impact healthcare regulations.
Members with questions may contact Lauren LaPine at the MHA.
