HHS Ends Public Comment Requirements for Certain Policies
March 05, 2025
The U.S. Department of Health and Human Services (HHS) has
rescinded the Richardson Waiver, a longtime policy that required a "notice and comment" process for regulations related to public property, loans, grants, benefits and contracts. Effective March 3, these topics are now exempt from notice and comment requirements unless otherwise mandated by law.
First enacted in 1971, the Richardson Waiver imposed additional procedural obligations beyond the statutory requirements of the Administrative Procedure Act (APA). It also provided stakeholders in HHS-regulated industries with an opportunity to share feedback with the executive branch.
In the Federal Register announcement, HHS stated that agencies and offices may still opt to use public comment procedures at their discretion, but they are no longer required to do so.
