Health and Human Services Secretary (HHS) Robert F. Kennedy Jr. has announced that March 3 it will be revoking the policy that requires public notice and comment on certain agency matters. HHS generally asks for public comment for 60 days before a final decision is made on a proposed rule.
A Feb. 28 article from CBS News said, “Dubbed the ‘Richardson Waiver’ after the former health secretary who issued the rule in 1971, the policy Kennedy repealed had required regulations related to property, loans, grants, benefits or contracts to go through the federal ‘rulemaking’ process.’
Further, " ‘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 said in a filing announcing the end of the waiver.”
The article added, “Now health agencies no longer need to go through the notice and comment process for many policy changes about grants and benefits. This includes new rules that could otherwise be stymied by backlash during a public comment period, like potentially adding in work requirements to Medicaid or redrawing how the National Institutes of Health funds research.”
The Association for Professionals in Infection Control and Epidemiology (APIC) issued a statement on March 3. The statement said, “The Association for Professionals in Infection Control and Epidemiology (APIC) expresses alarm over the Department of Health and Human Services attempt to rescind its policy on Public Participation in Rulemaking, known as the Richardson Waiver, put forth in the Federal Register. This move would strip the public of its long-standing right to comment on agency decisions and is an unprecedented and alarming attack on transparency, accountability, and public health. For decades, public participation has been a cornerstone of HHS’s policymaking, ensuring that those directly affected by its decisions—including healthcare providers, researchers, and patient advocates—have a voice. The new policy seeks to eliminate this critical safeguard, putting vital public health initiatives, including infection prevention and control (IPC), at risk.
“At a time when emerging infectious diseases, antimicrobial resistance, and hospital-acquired infections pose serious threats to patient safety, removing public oversight from key HHS decisions could have dangerous consequences. Infection prevention experts, clinicians, and the broader healthcare community must have the opportunity to weigh in on policies affecting outbreak response, antimicrobial stewardship, and healthcare-associated infections. Silencing public input weakens our ability to adapt to emerging threats, reduces transparency in critical health initiatives, and erodes public trust in the government’s role in safeguarding public health.”
Janette Wider | Editor-in-Chief
Janette Wider is Editor-in-Chief for Healthcare Purchasing News.
