The Department of Health and Human Services (HHS) published a policy statement that states the department is no longer required to undergo a public comment period, which typically occurs following the publication of proposed rulemaking. Under the Administrative Procedure Act (APA) agencies are generally required to publish a notice of proposed rulemaking and provide an opportunity for the public to participate in rulemaking through the submission of written data, views, or arguments. However, this policy statement forgoes those requirements for “good cause” when an agency finds that the procedures are “impracticable, unnecessary, or contrary to the public interest.”
Consumer Voice is troubled by any efforts to limit stakeholder input and comment on policies that directly impact individuals receiving long-term care and services. We encourage the HHS to ensure that the experiences of recipients of long-term care and services, their caregivers, and other stakeholders are included in policy development.
