How Will Loper Bright and the Overturning of the Chevron Deference Affect Health Care Regulations?

The Supreme Court’s recent landmark decision in Loper Bright Enterprises v. Raimondo effectively put a nail in the coffin of the Chevron deference doctrine. By overturning Chevron, the Supreme Court held that courts, not administrative agencies, are best equipped to interpret regulations based on statutes that are ambiguous or silent on an issue.

In an article for Caring for the Ages, AGG Healthcare of counsel Alan C. Horowitz examines Loper Bright and highlights two current cases where CMS’ regulations are being challenged, including a case involving CMS’ RN staffing mandate and a case involving the composition of survey teams related to skilled nursing facilities.

To read the full article, please click here.