Health Policy in the Shadows: Congress Pushes Back on HHS Secrecy

Democratic members of Congress are pressing the Trump administration to reconsider a contentious Health and Human Services (HHS) policy that allows the department to implement regulatory changes without the standard public notice and comment period, a significant departure from established federal protocol. This policy shift has sparked concerns about diminished transparency and accountability in the rulemaking process.

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On Thursday, Senate Democrats introduced a resolution urging HHS Secretary Robert F. Kennedy Jr. to honor his prior commitment to "radical transparency" in agency operations. Critics, including Sen. Ron Wyden (D-Ore.), ranking member of the Senate Finance Committee, have accused Kennedy of fostering secrecy rather than openness. "Secretary Kennedy pledged radical transparency, but his leadership at HHS has been marked by opaque decision-making," Wyden stated.

The Senate resolution, co-sponsored by Sens. Edward Markey (D-Mass.), Angus King (I-Maine), and 16 other senators, reflects growing unease with Kennedy’s approach. A parallel resolution in the House was introduced by Reps. Lizzie Fletcher (D-Texas), Mike Quigley (D-Ill.), and Gabe Amo (D-R.I.), signaling bipartisan concern in Congress.

The controversy stems from Kennedy’s directive to bypass public comment periods for certain HHS regulations, justified by the administration as necessary when public input is deemed "impractical" or contrary to "public interest." This move has raised alarms among lawmakers and advocacy groups, who argue it restricts public participation in shaping health policies that affect millions. Since assuming leadership of HHS, Kennedy has overseen significant changes, including workforce reductions, reorganization of departmental priorities, and the rollback of several federal health initiatives, further fueling scrutiny of his methods.

Rep. Amo, in a public statement, questioned the administration’s motives, saying, "By sidelining transparency, President Trump and Secretary Kennedy are eroding trust in our public health system. What are they concealing from the American people?"

Though the resolution faces slim chances of advancing through the Republican-majority Senate Finance Committee, it has garnered support from prominent medical and public health organizations. Groups such as the American Academy of Pediatrics, the Children’s Hospital Association, the American College of Obstetricians and Gynecologists, the American Academy of Family Physicians, and the American Cancer Society Cancer Action Network have endorsed the call for restoring public engagement in HHS rulemaking.

This pushback comes amid broader tensions between the Trump administration and Democratic lawmakers over health policy, with critics arguing that bypassing public input risks undermining the integrity of federal health programs and eroding public trust in government institutions.