The move would repeal the Richardson waiver, established in 1971, “effective immediately.” The waiver requires HHS to follow public notice and comment on procedures relating to public loans, grants, property, contracts and benefits, according to a policy statement from HHS Secretary Robert F. Kennedy Jr.
In most cases, HHS agencies typically invite public comment for a period of 60 days before a final decision is made on a proposed role.
The change would then realign HHS’ regulatory processes more closely with the Administrative Procedure Act in what Mr. Kennedy said is an effort to streamline efficiency. HHS would also be able to forgo public notice and comment periods for “good cause” if it finds the procedures to be “impracticable, unnecessary or contrary to the public interest.”
“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,” Mr. Kennedy said.
The policy statement is scheduled to be published in the Federal Register March 3.
