HHS retracts Richardson Waiver in change to public comment policy
The U.S. Department of Health and Human Services (HHS) announced it will rescind a long-standing rule that requires the agency to produce notices on policy and actions related to public loans, issued grants, and signed contracts.
Effective immediately, the 1971 Richardson Waiver has been officially repealed, HHS Secretary Robert F. Kennedy Jr. said in a policy memo to be published in the Federal Register. The policy typically opened up the agency’s management decisions to public comment for 60 days, prior to a decision being finalized.
Kennedy said the change is aimed at improving efficiency. Under the new guidelines, HHS may now decide what to close to public comment, based on “good cause,” such as when an action is deemed "impracticable, unnecessary or contrary to the public interest."
"The extra-statutory obligations of the Richardson Waiver impose costs on the Department and the public, are contrary to the efficient operation of the department, and impede the department’s flexibility to adapt quickly to legal and policy mandates," Kennedy argued in a memo.
HHS said the change is in adherence with the Administrative Procedure Act. Kennedy did not mention transparency in the letter.
The policy change will go into effect when it’s published to the Federal Register on March 3.
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