HHS Rescinds Richardson Waiver, Reducing Public Input in Rulemaking

On February 28, 2025, HHS rescinded the Richardson Waiver, a decades-old policy requiring voluntary public notice-and-comment periods for regulations related to public benefits like Medicare and Medicaid. While the Administrative Procedure Act (APA) does not mandate such participation for these rules, HHS has followed the waiver since 1971 to promote transparency.

With this change, HHS will now only conduct notice-and-comment rulemaking when legally required, raising concerns about reduced public input on healthcare policies. Advocacy groups warn that the shift may lead to regulatory changes without sufficient stakeholder engagement.