RFK Jr. shuts Americans out of health decisions despite vow for transparency
Federal health policies and decisions are quickly becoming less transparent under Health Secretary Robert F. Kennedy Jr.—despite him telling Health Department employees just last month that he would work with them to “launch a new era of radical transparency.”
Since then, Kennedy has axed a public meeting on vaccines—leaving lingering questions about the future of those transparent proceedings. He has also revoked a broad transparency policy for the Department of Health and Human Services (HHS) that required public notice for certain new rules and a comment period to allow for the public to be involved with the rulemaking process. Revoking the policy could have sweeping effects. For instance, HHS could now change Medicaid requirements with no notice or change federal research grants without input from the research community—something the Trump administration has already tried to do before it was put on hold by a federal judge.
Rolling back public participation
On Monday, Kennedy published the new policy in the Federal Register, which specifically revoked a transparency rule adopted by the Department of Health and Human Services (HHS) in 1971. The rule—called the Richardson Waiver, after then-health secretary Elliot Richardson—required HHS to have public notice-and-comment periods for proposed rules and policies regarding certain matters, namely public property, loans, grants, benefits, or contracts. These five categories would otherwise have been exempt from public notice-and-comment requirements under the Administrative Procedure Act (APA). The APA also says that public notice-and-comment periods can be waived for “good cause.”
