RFK Jr. issues rule barring public comment on HHS rulemaking

Health and Human Services Secretary Robert F. Kennedy Jr. on Friday released a policy prohibiting public comments during his department's rulemaking process, ending more than 50 years of the public's involvement in crafting his department's rules.

In the policy statement placed in the Federal Register, Kennedy's office appeared to argue that rescinding the policy goes back to the original intent of the Administrative Procedure Act (APA).

Although the APA exempts the requirement for public comment on matters "relating to agency management or personnel or to public property, loans, grants, benefits, or contracts," there has been a waiver, referred to as the Richardson waiver, on this exemption since 1971, allowing for interested parties to take part in the rulemaking process.

"The policy waiving the statutory exemption for rules relating to public property, loans, grants, benefits, or contracts is contrary to the clear text of the APA and imposes on the Department obligations beyond the maximum procedural requirements specified in the APA," according to the policy statement from Kennedy's office.

"Effective immediately, the Richardson Waiver is rescinded and is no longer the policy of the Department," it added.

The move comes shortly after the Department of Health and Human Services (HHS) postponed a key meeting held by the vaccine committee for the Centers for Disease Control and Prevention, saying at the time that it was delayed to "accommodate public comment in advance of the meeting." After assuming office, Kennedy had vowed to usher in "radical transparency" at the HHS.

Lawrence O. Gostin, faculty director of O’Neill Institute for National and Global Health Law at the Georgetown University Law Center, said this move by Kennedy was a clear effort to avoid accountability. Gostin said he believes the policy is sure to be litigated, noting that courts have enforced the Richardson waiver in the past.

"My impression of the rule is that that the Secretary knows that much of what he's done and what he intends to do to radically transform health policy ... has been lawful under the Administrative Procedure Act, and he's trying to insulate himself from accountability," Gostin said.

Calling it a "dark day for HHS," Gostin speculated that Kennedy was rescinding public comments in order to quickly "ram through" radical changes to health care, public health and scientific research in the U.S.

Topics

RFK Jr. Announces New HHS Guidance Recognizing Only Two Sexes

The new guidance follows President Trump’s demand that the Health and Human Services Department align with his executive order barring transgender athletes from women’s sports.
The New York Times - Feb. 19
'It's not unusual': RFK Jr. comments on growing Texas measles outbreak

When questioned about a growing measles outbreak in West Texas that has claimed at least one life, Health & Human Services Secretary Robert F. Kennedy Jr. told reporters "we have measles outbreaks ...
NBC News - 2d
Healthy Returns: HHS Secretary RFK Jr. is making early moves that may affect vaccine access

Robert F. Kennedy Jr. is making moves that could affect immunization uptake and policy in the U.S., while Oracle submits a formal application to join TEFCA.
CNBC - 3d
Abortion medication faces RFK Jr. scrutiny

Click in for more news from The Hill {beacon} Health Care Health Care The Big Story How RFK Jr. could restrict abortion medication Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. ...
The Hill - 1d
Top FDA official resigns, warns firings will backfire on RFK Jr.

James Jones resigned as FDA deputy commissioner and said the Trump administration's "indiscriminate" job cuts show "disdain for the very people necessary to implement your agenda."
CBS News - Feb. 20
RFK Jr. thrusts antidepressants into the spotlight — unnecessarily, advocates say

RFK Jr. plans to investigate SSRI and antidepressant use, particularly among children and teens, as part of the “Make America Healthy Again” movement.
NBC News - Feb. 21
With RFK Jr. in charge, supplement makers see chance to cash in

The FDA is already limited in policing claims of health benefits by makers of supplements and herbal remedies — a $70 billion industry. Get ready for even less regulation.
CBS News - Feb. 21
RFK Jr. targets childhood psychiatric drugs; doctors push back

Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. has made psychiatric medications a focus of his review of the country’s childhood chronic disease crisis, claiming they’ve been ...
The Hill - 2d
How RFK Jr. could restrict abortion medication access

Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. has suggested that he is open to restricting access to abortion medication, the primary method used for abortions across the U.S. ...
The Hill - 1d