Kennedy Repeals Five-Decade Transparency Measure
The U.S. Department of Health and Human Services (HHS) has officially rescinded a 50-year-old transparency rule that previously required public notifications about policy decisions and financial actions. The 1971 Richardson Waiver, which mandated 60-day public comment periods for decisions regarding loans, grants, and contracts, has been eliminated effective immediately.
HHS Secretary Robert F. Kennedy Jr. announced the change through a policy memo scheduled for publication in the Federal Register. This significant shift removes long-standing transparency requirements that have been standard procedure since the Nixon administration.
“Good Cause” Exemptions Now Permitted
Under the newly implemented guidelines, HHS will have substantially more discretion in determining which decisions require public input. The department may now bypass the comment period based on self-determined “good cause” scenarios, particularly when an action is deemed:
- “Impracticable”
- “Unnecessary”
- “Contrary to the public interest”
This change gives the department significantly expanded authority to make unilateral decisions without seeking stakeholder or public feedback.
Efficiency Claims Drive Policy Change
Kennedy’s memo emphasized operational efficiency as the primary justification for eliminating the public comment requirement. The Secretary specifically argued that the previous transparency measures created unnecessary barriers to departmental operations.
“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 stated in the official memo.
Administrative Procedure Act Compliance
The HHS maintains that this policy change still adheres to the Administrative Procedure Act, which establishes the minimum requirements for agency rulemaking. However, critics note that the memo announcing the change made no reference to transparency concerns or how the department plans to maintain public oversight without the mandated comment period.
This decision represents a major shift in how HHS will handle public disclosure of its activities, potentially reducing opportunities for stakeholder input on significant funding and policy decisions that impact healthcare delivery nationwide.
Implications for Healthcare Stakeholders
Healthcare organizations, advocacy groups, and other stakeholders who previously relied on the comment period to provide feedback on HHS actions will need to develop new strategies for monitoring and influencing department decisions. Without the guaranteed 60-day window, interested parties may have significantly reduced opportunities to voice concerns before policies are finalized.
The long-term impact on public trust in HHS decision-making processes remains to be seen, as the department transitions to this more streamlined, but potentially less transparent, approach to governance.
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