Kennedy’s Pullback of Public Comment Policy Make May Rules Vulnerable to Lawsuits

The Health and Human Services Department's decision to eliminate the Richardson Waiver may be a blow for transparency, but will not completely eliminate scrutiny of regulations, experts said.

The notice and comment provisions are one of many requirements in the APA that govern rulemaking. (Shutterstock)

Experts said rescinding a decades-old policy allowing the public and industry stakeholders to comment on proposed rules is the opposite of the “radical transparency” Health and Human Services Secretary Robert F. Kennedy Jr. promised, but future regulations still can be constrained through other parts of the Administrative Procedure Act (APA).

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The Health and Human Services Department's decision to eliminate the Richardson Waiver may be a blow for transparency, but will not completely eliminate scrutiny of regulations, experts said.

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