Lexology March 12, 2025
The Department of Health and Human Services (HHS) recently rescinded its policy dating back to 1971 to now allow its agencies and offices to quickly alter certain rules and regulations without public notice and comment. The Nixon-era policy had waived the statutory exemption from procedural rulemaking requirements for rules and regulations relating to public property, loans, grants, benefits, or contracts. HHS’ new Policy on Adhering to the Text of the Administrative Procedure Act (APA) will enable such regulatory changes as well as matters relating to agency management or personnel to proceed without public participation via notice and comment rulemaking.
The timing of HHS’ abandonment of its own policy of more than 50 years is noteworthy given the Trump Administration’s recent...
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