Agencies could see a shake-up in CMS’ rulemaking process, including how stakeholders voice their opinions on policy proposals.  
 
HHS published an announcement in the Federal Register on March 3 rescinding the Richardson Waiver, a federal policy that amended the Administrative Procedures Act. Originally implemented in 1971, the Richardson Waiver requires federal agencies to provide notice of proposed rulemaking and opportunities for stakeholders to submit public comments in response to regulations relating to benefits, contracts, grants loans and public property.  
 
The department will continue to use the notice and comment rulemaking process when required by statute, but CMS and other HHS agencies and offices can choose whether to update their rulemaking processes at their discretion, effective immediately.  
 
“The possibility that HHS under the Trump White House will eliminate or significantly scale back public comment on policies impacting payment, regulations, safety, operations, and other critical areas is truly troubling — a move we can only hope will not have the negative impact that we fear it might,” noted Katie Smith Sloan, president and CEO of LeadingAge in a statement released about the change on Feb. 28.  
 
CMS has three rules expected to be published in the Federal Register in the coming weeks, including the FY 2026 Hospice Wage Index, Payment Rate Update and Quality Reporting Requirements.