A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Office of the Secretary of the Department of Health and Human Services relating to "Policy on Adhering to the Text of the Administrative Procedure Act".
Summary
This joint resolution proposes to use the Congressional Review Act to formally disapprove and nullify a rule issued by the Department of Health and Human Services (HHS). The rule in question, titled Policy on Adhering to the Text of the Administrative Procedure Act, rescinds a 50-year-old policy known as the Richardson Waiver. By rescinding this waiver, HHS aims to stop voluntarily providing public notice and comment periods for regulations involving federal grants, benefits, and contracts, which are technically exempt from such requirements under federal law.
If enacted, this resolution would prevent HHS from implementing the new policy, thereby requiring the department to continue seeking public input before changing rules that affect programs like Medicaid, research grants, and other health benefits. Supporters of the resolution argue that the HHS rule reduces transparency and limits the ability of patients, healthcare providers, and the public to weigh in on significant policy changes. Conversely, the administration argues the rule allows the department to operate more efficiently and adapt quickly to new legal or policy mandates.