HHS Secretary Kennedy Moves to Reduce Public Participation in Policy Decisions

WASHINGTON, Feb. 28, 2025 — U.S. Secretary of Health and Human Services Robert F. Kennedy Jr. has proposed a significant change to the agency’s policy on public participation, effectively eliminating opportunities for public comment on various agency decisions. This initiative contradicts Kennedy’s pledges of “radical transparency” made during his confirmation hearing.

The Department of Health and Human Services (HHS) announced in a document set for publication in the Federal Register on March 3 that it plans to rescind its longstanding practice of allowing public comments on a broad range of agency actions, which has been in place since 1971. Under the proposal, the public would no longer have the ability to submit feedback on decisions concerning agency management, personnel, public property, loans, grants, benefits, and contracts.

HHS argues that the existing public comment obligations impose unnecessary burdens on the department and hinder its ability to respond swiftly to legal and policy changes. Kennedy stated the waiver imposed costs on the department that are “contrary to the efficient operation” of HHS.

“This is a direct attack on the idea that HHS — a gigantic agency — should have to tell the public everything that it’s doing,” said Alex Howard, an open government advocate. Critics, including former agency officials, have expressed concerns that limiting public input could lead to decisions that do not reflect the views or needs of the public.

The reversal arrives amid intense scrutiny of HHS’s operations, particularly with recent terminations at several key public health agencies, including the Centers for Disease Control and Prevention (CDC) and the Food and Drug Administration (FDA). Observers have raised questions about how this policy shift will align with Kennedy’s pledge to increase transparency and engage the public more effectively.

HHS maintains that it will still retain the discretion to seek public input when deemed appropriate, but public participation will no longer be a required component of decision-making. The change has been met with swift criticism from health experts and advocates, who argue that public input historically enhances the effectiveness and accountability of policies enacted by the department.

Carmel Shachar, a director at Harvard Law School’s Center for Health Law and Policy Innovation, expressed concern that limiting public input could lead to policies that overlook real-world implications. Georgetown Law Professor Lawrence Gostin stressed that moving toward a more secretive approach may undermine decades of transparency in rulemaking.

As HHS prepares to implement this new policy, the public and lawmakers are already anticipating pushback. Doug Linkhart, president of the National Civic League, commented, “You can’t sit at a desk in Washington and imagine what works best for people across the country. In the long run, it makes the policies better and probably speeds things up by avoiding problems down the road, like lawsuits.”

Kennedy’s critics are closely watching this development, as it raises significant implications for public health policy and the agency’s commitment to transparency amidst evolving health care challenges.