Health Care After Chevron: New Roles for Congress, the Courts, and Agencies

In June, the Supreme Court issued a 6-3 decision in Loper Bright Enterprises v. Raimondo,  overturning the 40-year-old legal precedent known as the "Chevron doctrine." This doctrine  had allowed federal agencies to interpret ambiguous statutes within their jurisdiction. The  ruling marks a significant shift in the regulatory landscape, with major implications for how  federal agencies operate and how regulations are enforced—particularly in health care.  The decision presents both challenges and opportunities for the health care industry,  making it crucial for policymakers, health care leaders, and businesses to understand the  evolving regulatory environment. 

Joining Hospitals in Focus to unpack the potential effects of this ruling on health care  policy making is Thomas Barker, a partner at Foley Hoag and former General Counsel at  CMS and Acting General Counsel at HHS.  

In this episode, we explore: 

Impact on Congress: How does the ruling affect Congress’s legislative process and its  relationship with federal agencies? Will the ruling force Congress to write more precise  laws? 

Changes for Federal Agencies: What does the ruling mean for federal agencies, like CMS  and HHS, which have relied on Chevron deference to implement and enforce regulations?  

Judicial Implications: Will courts, particularly lower courts, take on a larger role in  interpreting statutes? How could this influence future rulings on health and business  regulations? 

Business and Regulatory Implications and Challenges: What will be the effect on businesses, especially those operating in highly regulated sectors like health care, and  what are the potential retroactive effects of the Loper Bright decision?