HHS Seeks to Remove Public Comment from Agency Actions
Published March 10, 2025
By AACOM Government Relations
Federal Policy
OME Advocate
- On March 3, 2025, the U.S. Department of Health and Human Services (HHS) announced that, effective immediately, it is no longer required to apply public notice and comment procedures on any rules or regulations.
- Secretary Kennedy and HHS rescinded the little-known “Richardson Waiver” that allowed notice and comment for public benefit rules under the Administrative Procedures Act, a practice that had been in effect for nearly 55 years.
- While HHS now believes public comment is costly and thwarts efficiency, there is concern that the agency will enact changes with no transparency.
- The rollback may not face immediate legal challenges, but it could trigger pushback from Congress and advocacy groups. A similar attempt in the 1980s faced backlash, leading HHS to withdraw the proposal.
- AACOM will continue monitoring HHS activity and any challenges to the new procedure. If you have questions or comments, please contact aacomgr@aacom.org.
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