Kennedy’s Pullback of Public Comment Policy Make May Rules Vulnerable to Lawsuits
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Mar 07, 2025
HHS Secretary Robert F. Kennedy Jr. recently rescinded a decades-old policy regarding allowing the public — and industry stakeholders like health insurers — to comment on proposed rules. Experts tell AIS Health that while the move is the opposite of “radical transparency” Kennedy promised to bring to HHS, any future rules can be kept in check through other parts of the Administrative Procedure Act (APA).
“This is surprising when you have an administration, in particular Kennedy, who promised transparency, and this is unequivocally reducing transparency,” says Leonardo Cuello, a research professor at the Georgetown University McCourt School of Public Policy’s Center for Children and Families.
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