The Department of Health and Human Services (HHS) rescinded a long-standing policy titled “Public Participation in Rule Making,” also known as the Richardson Waiver. The Richardson Waiver required that HHS follow the Administrative Procedure Act’s (APA) notice and comment rulemaking procedures for matters related to “public property, loans, grants, benefits, or contracts.” The Richardson Waiver helped to ensure that the public had an opportunity to participate in HHS rulemaking for such matters. In rescinding the policy, HHS now claims that the text of the APA exempts such matters from notice and comment rulemaking, and further asserts that HHS may bypass notice and comment rulemaking for such matters under the APA’s “good cause exception.” The policy change was immediately effective.

Rescinding the Richardson Waiver will result in the finalization of many rules that affect grants and benefits without the opportunity for stakeholders and the public to submit comments and be heard by the agency. HHS is the largest grant-making agency in the United States. Most HHS grants are provided directly to states, territories, tribes, and educational and community organizations, then given to people and organizations who are eligible to receive funding. These grants include Title X grants, which fund critical reproductive health services in low-income communities, and other grants that help to fund necessary health research.