Project 2025 Tracker / What’s done, what’s next

14. Department of Health and Human Services · Notable

Require HRSA to set women's preventive services mandates by rulemaking

Not started

Printed page 484 14. Department of Health and Human Services

“HRSA should be required to repromulgate any women’s preventive services mandates through the notice and comment process that is compliant with the Administrative Procedures Act.”

What has happened

  1. Not started

    Nothing requires HRSA to set the women's preventive services mandates through Administrative Procedure Act notice-and-comment rulemaking, and HRSA has not repromulgated any of them that way. It updated the Guidelines once in the window - the cervical cancer screening recommendation, proposed for comment on 2025-10-01 and accepted on 2026-01-05 - using a Federal Register notice that the agency describes as 'standard practice' rather than a rule: no proposed rule, no regulatory text, no codification, and the guideline binds plans directly through the ACA. The Departments issued no rule imposing such a requirement, and HHS's active regulatory agenda contains no HRSA rulemaking on the Guidelines - HRSA's three active RINs are the countermeasures injury table, OPTN oversight and a program-policy methodology. HRSA's own Guidelines page, read on 2026-09-03, shows the same practice from the agency's side: it presents the Guidelines as HRSA-supported recommendations developed under the WPSI cooperative agreement and adopted by HRSA, with no regulatory text and no codification anywhere in sight. This is the moved-the-other-way case in its clearest form — HRSA updated a section 2713 coverage mandate inside the window and did it by guideline acceptance announced in a Federal Register *notice*, which is precisely the practice the Quote asks to be replaced with rulemaking.

Research log

What was searched, and what didn’t count as evidence

Research notes

  • The 2026-01-05 notice was read in full at https://www.govinfo.gov/content/pkg/FR-2026-01-05/html/2025-24235.htm: ‘As is standard practice, HRSA published a Federal Register Notice seeking public comment regarding the proposed updates’, 42 responses received.
  • Leveling: a notice with a comment period is not APA rulemaking and imposes no requirement on future HRSA action, which is why this is not started rather than partial. A reviewer who reads the ask as being about the process actually used rather than about a binding requirement could reach a different rung; we note it as a close call.
  • reginfo.gov HHS active agenda checked for HRSA (agency code 0906): RINs 0906-AB31, 0906-AB34 and 0906-AB37 only.
Action
issue
Object
HRSA women's preventive services guidelines
ID
1345