AGG Healthcare Litigation co-chair Jason Bring was quoted in a July 9, 2024, Law360 article titled “Jarkesy Decision May Hit Key Healthcare Enforcement Tool” regarding the Supreme Court of the United States’ decision in SEC v. Jarkesy, which weakens agencies’ power to impose monetary penalties without a jury trial.
Jason explained that, in the days since the decision, he has already seen many nursing home providers raise the Jarkesy decision in their ongoing administrative proceedings. He predicts that organizations batting the federal government over smaller dollar amounts may want to keep their matters in administrative proceedings in front of an administrative law judge or other agency officials.
However, Jason shared that clients facing more sizable penalties may choose to “try to shut down the administrative process and pursue [their] constitutional rights” and go to federal court.
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- Jason E. Bring
Partner
