HHS rule eliminates public’s ability to comment on some rulemaking

The Health and Human Services department announced it is rescinding its Nixon-era policy on inviting public participation when making rules and regulations related to public property, loans, grants, benefits or contracts. The policy “impose[s] costs on the Department and the public, [is] contrary to the efficient operation of the Department, and impede[s] the Department’s flexibility to adapt quickly to legal and policy mandates,” the notice states. HHS now will follow a notice-and-comment process only as required by the Administrative Procedure Act, which exempts rules related to public property, loans, grants, benefits or contracts from the law’s notice-and-comment requirements. Critics say HHS will be able to adopt major policy changes quickly, without first notifying the public what the changes will be. (AHA News article, 3/3/25)