Hospitals In Focus

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?