The U.S. Department of Health and Human Services Office of the Secretary announced their recension of the Richardson Waiver.
The Richardson Waiver was established in 1971 and “waived the APA's statutory exemption from procedural rulemaking requirements for rules and regulations relating to public property, loans, grants, benefits, or contracts,” according to the Federal Register.
Additionally, HHS is “re-aligning the Department's rule-making procedures with the Administrative Procedure Act (APA).” Agencies and HHS offices will still have the option to carry out comment and notice processes to the above exemptions (public property, loans, grants, benefits, or contracts), but are no longer required to. However, they must still implement procedures required by law.
According to the announcement, “the good cause exception should be used in appropriate circumstances in accordance with the requirements of the APA.”
