On Feb. 28, 2025, the Federal Register listed a proposal to end mandatory public comment periods for the Department of Health and Human Services (HHS). This specifically relates to “agency management or personnel or to public property, loans, grants and benefits or contracts.” Instead, HHS intends to comply with the minimum requirements of the Administrative Procedures Act (APA) and only engage in the notice and comment process as outlined by the APA. The notice was formally published March 3, 2025.
The proposal is a reversal of what is known as the “Richardson Waiver,” a practice that began in 1971 and provided public comment and transparency beyond the APA requirements. Normally, the APA allows agencies to bypass public comment on internal management rules and decisions or those involving public property, grants or contracts.
The new policy purports to provide HHS with greater flexibility, enabling faster responses to evolving legal and policy demands. The department emphasized that while it retains discretion to use public comment procedures, it is not obligated to do so for exempt matters.
In the 1980s, HHS proposed a similar rule but suffered significant public pushback including from Congress and the change was never finalized.
Those organizations and individuals who rely on HHS grants and contracts may be initially impacted more than others. All stakeholders will be watching carefully to see how the policy is implemented and how it impacts transparency and accountability.
