- The Supreme Court’s Chevron decision, which granted agencies flexibility in interpreting unclear statutes and allowed lawsuits challenging old regulations based on new claims of harm, is expected to spark numerous legal challenges against federal policies. This shift will impact sectors including health care, such as Medicare reimbursement and nursing home staffing, as well as broader federal regulations across industries. Agencies are likely to adopt more cautious regulatory practices, relying less on formal rules and more on informal guidance. This change may pressure Congress to draft clearer legislation to reduce legal uncertainties in governance. In health care, this alters regulatory norms from routine Medicare updates to FDA evaluations of new medical technologies, potentially affecting CMS policies like nursing home staffing mandates and home health reimbursement cuts. (Articles here and here)
July 16, 2024
D.C. News | Tea Leaves