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Supreme Court of the United States Health Care Providers

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
McDermott+

M+ Check-Up: September 6, 2024

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Congress Returns. The House and Senate will be back in session on September 9, 2024, with a joint focus on completing consideration of a continuing resolution (CR) to maintain government funding beyond the end of fiscal year...more

Health Care Compliance Association (HCCA)

Reproductive healthcare and HIPAA: New compliance obligations cause tension with courts, government agencies

The U.S. Supreme Court’s holding in Dobbs v. Jackson Women’s Health Organization has had a seismic impact on the landscape of U.S. healthcare. Among other effects, it has created new friction between states. With stark...more

Baker Donelson

60 Days After Loper: Health Care Impact of Chevron Deference's End

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The Supreme Court of the United States issued its highly anticipated ruling in a pair of cases challenging the long-standing Chevron doctrine on June 28, 2024. Foreshadowed by decisions in recent years slighting Chevron, it...more

Spilman Thomas & Battle, PLLC

The Health Record - Healthcare Law Insights, Issue 4, August 2024

Welcome to our fourth issue of The Health Record - our healthcare law insights e-newsletter. In this edition, we address a variety of topics including a recent SCOTUS ruling and the potential impact on CMS, issues of patient...more

Proskauer - Health Care Law Brief

No Surprises Here!  Fifth Circuit Upholds Health Care Provider Challenge to No Surprises Act Regulations

In a recent win for health care providers, the United States Court of Appeals for the Fifth Circuit has affirmed a lower court’s decision to vacate key portions of regulations issued by the U.S. Departments of Treasury,...more

ArentFox Schiff

No More Surprise Medical Bills: Fifth Circuit Affirms Vacatur of Arbitration Provisions of Surprise Billing Rules (TMA II)

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On August 2, health care providers scored yet another significant victory when the US Court of Appeals for the Fifth Circuit affirmed the vacatur of various federal regulations regarding the arbitration procedures used to...more

ArentFox Schiff

Post-Chevron Health Care Regulations: Using Loper Bright as a Shield in Stark Law Litigation

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Previously, we discussed how the US Supreme Court’s opinion in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce could create opportunities for private litigants to challenge health...more

Spilman Thomas & Battle, PLLC

The Health Record - Healthcare Law Insights, Issue 3, July 2024

Welcome to our third issue of The Health Record - our healthcare law insights e-newsletter! We are winding down the summer with our talented group of law students and they have continued to research and write, shadow...more

Arnall Golden Gregory LLP

Government Investigations Team Insights - July 2024

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics. Our team, which includes former federal prosecutors, SEC enforcement attorneys, and federal agency attorneys, has...more

Sheppard Mullin Richter & Hampton LLP

SCOTUS Punts on EMTALA Preemption Question

On June 27, 2024, the U.S. Supreme Court dismissed Idaho v. United States on procedural grounds and sent the case back to the Ninth Circuit. By doing so, the Supreme Court reinstated the preliminary injunction issued by the...more

Stotler Hayes Group, LLC

The Impact of the Dismantling of Chevron Deference on the Pending AHCA Lawsuit to Halt New Minimum Staffing Ratio Requirement

Last month’s overturn of Chevron deference is widely expected to bolster the skilled nursing facility industry’s challenge to the newly imposed minimum staffing mandate.  On May 10, the American Health Care Association...more

Husch Blackwell LLP

The Overturning of Chevron Deference: Implications for AI in Medical Research

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In a landmark decision on June 28, 2024, the Supreme Court overturned a 40-year-old legal precedent known as Chevron deference. Established in 1984, Chevron deference mandated that judges defer to federal agencies concerning...more

Stotler Hayes Group, LLC

The (Potential) Bright Side of Loper Bright for the Long-Term Care Industry

On June 28, 2024, the Supreme Court made a sharp about-face from a doctrine that has governed administrative law for decades, overruling the “Chevron deference” doctrine with its decisions in Loper Bright Enterprises v....more

Stevens & Lee

A New Arena for Future Challenges to CMS Regulations – the Overturn of Chevron

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On June 28, 2024, the Supreme Court overruled Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc., and consequently invalidated the “Chevron Deference” — a cornerstone of administrative law since 1984. In the 6-3 decision...more

Polsinelli

Provider Reimbursement Disputes Go Back to 1984 Following Supreme Court’s Regulatory Reset

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One could forgive the healthcare industry for thinking someone drove Doc Brown’s DeLorean time machine through One First Street when it awoke on Friday, June 28, to a blast from the past....more

Venable LLP

Healthcare Impacts in a Post-Chevron World

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The Supreme Court's landmark June 28, 2024 decision in Loper Bright Enterprises v. Raimondo abandoned the Chevron doctrine after 40 years of deferring to agency interpretations of ambiguous laws. As previewed in our June 28...more

Holland & Knight LLP

What Does the Overturning of Chevron Mean for Healthcare?

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The U.S. Supreme Court issued a significant ruling on June 28, 2024, that changes the respective roles of administrative agencies and the courts in interpreting statutes. In Loper Bright Enterprises v. Raimondo, the court...more

Brownstein Hyatt Farber Schreck

Health Care Impacts Following Chevron Decision

On Friday, June 28, the Supreme Court overturned the longstanding Chevron doctrine, on a 6-3 vote, which had previously required courts to defer to federal agencies' reasonable interpretations of statutes within an agency’s...more

Arnall Golden Gregory LLP

AGG Talks: Healthcare Insights Podcast - Episode 5: What the End of Agency Deference Means for the Healthcare Industry

In this episode, AGG Healthcare Litigation co-chair Jason Bring continues his discussion on agency deference with AGG Healthcare Litigation partner Brian Stimson in the aftermath of the Supreme Court's opinion in Loper Bright...more

McDermott Will & Emery

Special Report - FDA v. Alliance for Hippocratic Medicine: Conscience Rights Implications for Healthcare Providers

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The Supreme Court of the United States’s (SCOTUS’s) unanimous decision in Food and Drug Administration v. Alliance for Hippocratic Medicine (FDA v. AHM) on June 13, 2024, articulated a much more absolute view of the...more

Baker Donelson

What the Supreme Court's "Chevron Deference" Ruling Could Mean for Health Care Law

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Baker Donelson recently published Anticipating SCOTUS Ruling on Chevron Deference – What to Know and Five Ways to Prepare explaining the United States Supreme Court's upcoming ruling which is expected to impact the regulatory...more

Bass, Berry & Sims PLC

Causation Split: First Circuit Pauses Teva Appeal; Regeneron Appeal Going Forward

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False Claims Act (FCA) practitioners have been closely watching cases in which courts address the causation requirement in FCA actions based on Anti-Kickback Statute (AKS) violations....more

Dorsey & Whitney LLP

The Supreme Court Update - June 10, 2024

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Today, the Supreme Court of the United States granted certiorari in two cases: Facebook v. Amalgamated Bank, No. 23-980: This securities law case arises from a shareholder lawsuit against Facebook, which claimed Facebook...more

Whiteford

New CMS EMTALA Portal Signals CMS Continued Focus on Enforcement Fight Against State Abortion Bans

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On May 21, the Centers for Medicare and Medicaid Services (CMS) announced a new option on CMS.gov to allow individuals to more easily file an Emergency Medical Treatment and Labor Act (EMTALA) complaint. Before launching the...more

Jenner & Block

Client Alert: Key Takeaways from SCOTUS Arguments in Idaho EMTALA Abortion Cases

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The US Supreme Court heard oral arguments on Wednesday in the consolidated cases of Moyle v. United States, Case No. 23-726 and Idaho v. United States, Case No. 23-727. These cases asked the justices to consider whether the...more

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