The US Department of Health and Human Services has reversed an obscure requirement called the “Richardson Waiver,” which mandates a period of notice and an opportunity for public comment on a broad range of decisions related to “agency management or personnel or to public property, loans, grants, benefits, or contracts.”
The Richardson Waiver has been in effect at the department since 1971 and imposes notice-and-comment periods that exceed those required under the Administrative Procedures Act.
It also stipulates that HHS should only make decisions without public notice sparingly.
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On Friday, incoming HHS Secretary Robert F. Kennedy Jr. posted a notice to the Federal Register stating that the waiver’s requirements “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.”
The move drew alarm from open government advocates and policy experts, who argued that it would only serve to shroud the department’s decisions in secrecy.
During his Senate confirmation hearings, Kennedy pledged “radical transparency” during his tenure at HHS.
“RFK Jr.’s decision to eliminate notice & comment for certain actions enables HHS to operate in secret & without public participation. HHS can ignore the views of key stakeholders like researchers & health advocates. HHS will make crucial public health decisions behind closed doors,” wrote Lawrence Gostin on X. Gostin holds the O’Neill Chair of Global Health Law at Georgetown University.
