March 19, 2025—The Society for Women’s Health Research issued the following statement in response to the March 3 announcement from the U.S. Department of Health and Human Services Immediate Office of the Secretary rescinding the policy on Public Participation in Rule Making.
The Society for Women’s Health Research (SWHR) opposes the decision by the U.S. Department of Health and Human Services (HHS) to rescind the policy on Public Participation in Rule Making. SWHR calls on Secretary Kennedy to immediately reverse this decision and restore public engagement in HHS rulemaking. This policy change will silence the voices of the people these policies affect most—patients, health care providers, researchers, and all Americans—people who provide critical perspectives and insights that regulators may otherwise overlook.
For over 50 years, members of the public have had an opportunity to shape health and other policies through federal rulemaking through a policy known as the Richardson Waiver, which requires voluntary public notice and comment periods for regulations not required by the Administrative Procedure Act but for matters pertaining to agency management. Allowing for public comment has fostered transparency, accountability, and trust in the regulatory process. While some notice and comment opportunities will continue despite this policy decision, SWHR expects many health-related notice and comment periods will be affected.
Excluding any public input from the rulemaking process undermines the fundamental principles of good governance. Public participation is critical for promoting patient safety, driving innovation, and ensuring accountability, and must remain a cornerstone of the U.S. regulatory system.