HHS rescinds long-standing Richardson Waiver policy on public participation

The Department of Health and Human Services Feb. 28 announced that 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 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,” the notice said.

The department will now 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.