In Force

Policy on Adhering to the Text of the Administrative Procedure Act

Department of Health and Human Services
Policy Statement
Policy Statement

Policy Type: Policy Statement

Date Enacted
March 3, 2025
Last Updated
March 27, 2025
Policy Type
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Summary

This action rescinds away an HHS policy that has been in place for more than 50 years regarding public participation in certain kinds of HHS rulemaking, referred to as the Richardson Waiver.

Impact Analysis

Traditionally, public participation has been solicited on issues related to agency management or personnel or to public property, loans, grants, benefits, or contracts. This action weakens accountability by decreasing or eliminating opportunities for public participation in HHS rulemaking unless required by law. For example, grants could be revised to remove any perceived health equity consideration without any public notice and comment process. Changes to hospital reimbursement rates (Medicaid), research funding allocations (NIH), and other regulations could be made without input from affected stakeholders.

Status

Take Institutional Action

Stakeholders need to intentionally increase direct engagement with policymakers, and strengthen advocacy efforts and collaborate with mission-aligned professional organizations to ensure their concerns are still represented. It will be more critical than ever for groups to remain vigilant, track policy changes closely and actively seek alternative ways to impact healthcare regulations.

Consider joining or starting a group within the HealthBegins Mobilization Network to advocate for health equity issues of relevance for you.

Associated or Derivative Policies

  • Rescinds the Richardson Waiver 36 FR 2532 (Feb. 5, 1971).

Policy Prior to 2025

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