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Healthcare Regulation After Loper Bright and Corner Post: Agency Implications, Litigation Challenges, Client Impact

Recording of a 90-minute CLE video webinar with Q&A

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Conducted on Thursday, September 12, 2024

Recorded event now available

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This CLE webinar will guide healthcare practitioners through the recent notable U.S. Supreme Court decisions in Loper Bright Enterprises v. Raimondo, which overturned the long-standing Chevron doctrine, and Corner Post v. Board of Governors of the Federal Reserve System, which expands the time period during which plaintiffs may challenge agency rules. The panel will address the significant impact these decisions will have on federal agencies, federal rulemaking, and federally regulated industries.

Description

Two notable decisions at the end of the recent U.S. Supreme Court term, Loper Bright Enterprises v. Raimondo and Corner Post v. Board of Governors of the Federal Reserve System will have a significant impact on federal agency rulemaking, rule implementation, and legal challenges to federal rules. Healthcare counsel, in an industry highly regulated by federal agencies such as HHS, FDA, and CMS, should understand the implications of these rulings and how their clients may be affected.

Loper Bright overruled the Chevron doctrine which, for 40 years, has served as the two-step framework for federal courts in deciding disputes between federal agencies and private parties challenging agency regulations. Under Chevron, courts would first ask whether Congress had "directly spoken to the precise question at issue" in the statute. If not, the courts were required to defer to the agency's interpretation as long as it was reasonable. While the Chevron doctrine has been chipped away over the years, Loper Bright has now formally overruled Chevron and put the task of interpreting statutory provisions back into the hands of federal courts.

Corner Post has increased agency exposure to suits by redefining when the statute of limitations period begins during which rules may be challenged. The Court held that the six-year statute of limitations for suits against the federal government begins to run only once the plaintiff has been injured, a significant change from the prior stance that the six-year period began once the rule was published. Therefore, entities formed within the last six years may challenge regulations that have stood for decades.

Listen as our expert panel guides practitioners through the recent Loper Bright and Corner Post decisions and discusses the impact on the healthcare industry where new challenges to longstanding regulations may be brought, even if they had previously been upheld under Chevron. The panel will also discuss potential client impact.

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Outline

  1. Introduction: a brief history of federal regulatory interpretation under Chevron
  2. Loper Bright Enterprises v. Raimondo
  3. Corner Post v. Board of Governors of the Federal Reserve System
  4. Legislative and regulatory effect
  5. Regulatory litigation challenges
  6. Client impact
  7. Practitioner takeaways

Benefits

The panel will review these and other important issues:

  • How will Loper Bright impact judicial review of healthcare regulations?
  • What effect will Corner Post have on litigation challenging agency rules?
  • How may the decisions affect healthcare regulatory rulemaking?
  • What is the potential impact of the decisions on clients?

Faculty

Grimm, Douglas
Douglas A. Grimm

Partner, Health Care Practice Leader
ArentFox Schiff

Mr. Grimm maintains a national practice guiding and advising health care providers and investment firms through the...  |  Read More

Maida, Tony
Tony Maida

Partner, Healthcare Regulatory & Compliance Practice Leader
McDermott Will & Emery

Mr. Maida counsels healthcare and life sciences clients on government investigations, regulatory compliance and...  |  Read More

Tsui, Andrew
Andrew Tsui

Of Counsel
Greenberg Traurig

Drawing on more than a decade of litigation experience with the U.S. Department of Health and Human Services Office of...  |  Read More

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