HHS Abandons Public Participation in Rulemaking

HHS Secretary Robert F. Kennedy, Jr. rescinded the long-standing policy of allowing public input to proposed regulations. The “notice and comment” process of rulemaking is mandated under the Administrative Procedure Act of 1946 (APA) to encourage input from the public and subject matter experts in developing regulations. Secretary Kennedy has determined that all HHS regulations fall into the “good cause” exception to the APA, which allows the agency to bypass the “notice and comment” process when the agency decides the regular process is “impracticable, unnecessary, or contrary to public interest.” Read the HHS statement. Read APIC’s statement on the HHS policy.