RFK Jr. issues rule barring public comment on HHS rulemaking

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HEALTH CARE
RFK Jr. issues rule barring public comment on HHS rulemaking

BY JOSEPH CHOI 02/28/25 05:08 PM ET


Health and Human Services Secretary Robert F. Kennedy Jr. listens as President Trump holds a Cabinet meeting at the White House in Washington, Feb. 26, 2025.

Health and Human Services Secretary Robert F. Kennedy Jr. on Friday released a policy prohibiting public comments during his department’s rulemaking process, ending more than 50 years of the public’s involvement in crafting his department’s rules. … In the policy statement placed in the Federal Register, Kennedy’s office appeared to argue that rescinding the policy goes back to the original intent of the Administrative Procedure Act (APA).

Although the APA exempts the requirement for public comment on matters “relating to agency management or personnel or to public property, loans, grants, benefits, or contracts,” there has been a waiver, referred to as the Richardson waiver, on this exemption since 1971, allowing for interested parties to take part in the rulemaking process.

“The policy waiving the statutory exemption for rules relating to public property, loans, grants, benefits, or contracts is contrary to the clear text of the APA and imposes on the Department obligations beyond the maximum procedural requirements specified in the APA,” according to the policy statement from Kennedy’s office.

“Effective immediately, the Richardson Waiver is rescinded and is no longer the policy of the Department,” it added.

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