Agency Deference and the Impact of Kisor in Healthcare: Challenging CMS and Other Agency Actions
Recording of a 90-minute CLE webinar with Q&A
This CLE course will examine judicial deference to agency decisions in light of the recent Supreme Court decision in Kisor v. Wilkie and the implications for the highly regulated healthcare industry. The panel will also guide healthcare counsel in challenging CMS actions.
Outline
- Review of Supreme Court's decisions
- Kisor v. Wilkie (U.S. June 26, 2019)
- Azar v. Allina (U.S. June 3, 2019)
- Implications of Kisor for the healthcare industry
- What does Kisor mean for Auer deference?
- Practical guidance and strategies
Benefits
The panel will review these and other key issues:
- What are the practical implications of the Supreme Court's decision in Kisor v. Wilkie for the healthcare industry
- What is the status of Chevron and Auer deference?
- How do these cases impact the tools available to CMS and other federal agencies in regulatory litigation?
- What are best practices for challenging CMS agency actions based on recent decisions?
Faculty
Mimi Hu Brouillette
Of Counsel
Greenberg Traurig
Ms. Brouillette focuses her practice on healthcare reimbursement, regulatory, and transactional matters. She advises... | Read More
Ms. Brouillette focuses her practice on healthcare reimbursement, regulatory, and transactional matters. She advises clients in Medicare and Medicaid reimbursement compliance and represents providers in appeals before the Provider Reimbursement Review Board, the Administrator of the CMS, and in federal courts, as well as in negotiations with the U.S. Department of HHS. Ms. Brouillette’s experience also involves healthcare regulatory and transactional matters, including mergers, acquisitions and financings; state regulatory issues including licensing, change of ownership, and CoN/DoN; survey/certification appeals; fraud and abuse/Stark law analyses; and general corporate and business planning in healthcare.
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Jessica L. Gustafson
Founding Shareholder
The Health Law Partners
Ms. Gustafson practices in all areas of health care law and devotes a substantial portion of her practice to... | Read More
Ms. Gustafson practices in all areas of health care law and devotes a substantial portion of her practice to representing providers in the Recovery Audit Contractor (“RAC”) and Medicare audit appeals process. She also regularly assists clients with compliance and reimbursement matters. She co-authored an article on the Final Rule for the ABA. She currently serves as the Vice-Chair of the Physician Issues Interest Group for the ABA Health Law Section.
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Daniel Jarcho
Partner
Alston & Bird
Mr. Jarcho is a litigation partner at Alston & Bird LLP’s Washington, D.C. office. He represents... | Read More
Mr. Jarcho is a litigation partner at Alston & Bird LLP’s Washington, D.C. office. He represents clients in federal trial court and appellate litigation involving federal regulatory issues. Mr. Jarcho has extensive experience in cases involving judicial deference to agencies, having litigated numerous Administrative Procedure Act challenges to federal agency actions, including cases involving the FDA, the Defense, Agriculture, Treasury and Interior Departments, and U.S. Customs and Border Protection. In a former position at the Department of Justice’s Civil Division, he also defended Administrative Procedure Act challenges to federal agency actions. Mr. Jarcho is a graduate of Harvard Law School and Harvard College.
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