Kennedy Jr. Revokes Public Comment Requirement for HHS Decisions

In a recent policy update published in the Federal Register, the Secretary of the U.S. Department of Health and Human Services (HHS) announced the termination of the long-standing requirement that new regulations and rules undergo a public comment period before being enacted. This significant change, articulated by Robert F. Kennedy Jr., shifts the department's approach to rulemaking, aligning it more closely with the stipulations of the Administrative Procedure Act.

Historically, the HHS has engaged in a public participation process as mandated by the Administrative Procedure Act, allowing citizens to express their opinions on proposed government regulations. A notable aspect of this process has been the Richardson Waiver, which has been in effect since 1971 and established additional opportunities for public comment, exceeding the basic legal requirements.

The newly released policy statement indicates that the rescission of the Richardson Waiver is due to the burdensome nature of the public participation process, which the department claims hinders its operational efficiency and agility. Kennedy Jr. emphasized that these obligations extend beyond the necessary legal framework, suggesting that they obstruct the department's ability to respond effectively to legal and policy changes.

Despite this revocation, the policy document clarifies that HHS will still adhere to the notice-and-comment rulemaking procedures mandated under the Administrative Procedure Act when required by law. This statement aims to assure stakeholders that certain regulatory processes will still incorporate public feedback, albeit in a more limited capacity.

The decision to eliminate the public comment requirement has sparked discussions among advocates of transparency and public engagement, raising concerns about the implications for participatory governance in health policy-making. Critics argue that reducing opportunities for public input could undermine accountability and diminish the role of citizen voices in shaping health regulations.

As the HHS moves forward with this revised approach, it remains to be seen how this shift will impact the formulation and implementation of health policies and whether it will lead to calls for reinstating more robust public engagement mechanisms in the future.