The Dept. of Health and Human Services (HHS) wants to limit public participation in various rule-making processes. They plan to publish in the Federal Register to limit participation in their rule-making decisions. As per the Administrative Procedure Act, the federal agencies typically let public input on proposals. However, the HHS wants to create a loophole that allows agencies to bypass this rule if public input is seen as “impracticable, unnecessary, or contrary to the public interest,” McKnight’s Healthcare News says.

This act caused much controversy and undoed a policy in 1971. The Richardson Waiver Act ensures public involvement in HHS rule making, which would be taken away with this undoing. The HHS deals with many regulations involving healthcare payments and other healthcare-related needs. Some include rules on Medicaid and Medicare payments that require public comments. In those cases, feedback influences key policies being discussed and is very important. One important example is that it deals with reimbursements and staffing mandates for healthcare facilities.

As CEO of LeadingAge Healthcare, Katie Sloan, has said, this proposal of fewer opportunities for public input is raising many concerns. Sloan warned that “limiting public participation could harm older adults and healthcare providers. On-the-ground providers offer crucial insights that help shape effective policies.” Even though many people in the healthcare industry support this reduction, it is not ideal for all. The HHS agency will decide when public participation is necessary and have the final say on finalizations. For those in healthcare facilities, their loved ones need to advocate for them and be able to voice their opinions.

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Links:

• https://www.mcknights.com/news/breaking-hhs-plans-to-strip-public-participation-from-rule-making-troubling-providers/
• https://www.aha.org/news/headline/2025-03-03-hhs-rescinds-long-standing-richardson-waiver-policy-public-participation#:~:text=The%20Department%20of%20Health%20and,%2C%20grants%2C%20benefits%20or%20contracts.