U.S. Department of Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. on February 28, 2025, issued a policy statement announcing limits on public participation in HHS decision-making by rescinding a long-standing waiver that allowed public input on agency rules regarding grants, loans, benefits, and contracts.

The policy, which will be formally published in the Federal Register on Monday, March 3, 2025, contradicts Secretary Kennedy’s earlier pledges of “radical transparency” and has sparked concerns and confusion among legal experts and advocates.

LeadingAge President and CEO Katie Smith Sloan said in a February 28 press statement: “The possibility that HHS under the Trump White House will eliminate or significantly scale back public comment on policies impacting payment, regulations, safety, operations, and other critical areas is truly troubling–a move we can only hope will not have the negative impact that we fear it might. We will closely monitor its implementation.”

Before issuing a new rule or regulation, the public is given an opportunity to submit written comments in support or in opposition to government proposals, as well as to request clarifications of proposed policies. This has been the case for five decades under something called the Richardson Waiver, through which HHS went beyond narrow public comment requirements of the Administrative Procedure Act (APA) to secure more public comment than was officially required.

Per HHS’s February 28 policy statement, “Effective immediately, the Richardson Waiver is rescinded and is no longer the policy of the Department. Under the APA, matters related to agency management, personnel, public property, loans, grants, benefits, or contracts are exempt from the notice and comment procedures of 5 U.S.C. 553, unless otherwise required by law. While agencies and offices within the Department have the discretion to apply notice and comment procedures to these matters, they are not obligated to do so unless otherwise mandated by law.”

LeadingAge will continue to monitor these developments and provide updates to members as necessary.