HHS Rescinds Public Notice & Comment For Most Agency Decisions

On March 3, 2025, the federal Department of Health and Human Services (HHS) issued a rule, effective immediately, to allow it to bypass public input when it deems the process “impracticable, unnecessary, or contrary to the public interest.” From now on, when exempted from the Administrative Procedure Act (APA) notice and comment requirements, HHS will not seek public feedback on decisions related to agency management, personnel, public property, loans and grants, benefits, and contracts.

The new approach will affect rulemaking affecting Medicaid, the Substance Abuse and Mental Health Services Administration (SAMHSA), the Administration for Children and Families (ACF), the National . . .