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
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.
Outline
- Introduction: a brief history of federal regulatory interpretation under Chevron
- Loper Bright Enterprises v. Raimondo
- Corner Post v. Board of Governors of the Federal Reserve System
- Legislative and regulatory effect
- Regulatory litigation challenges
- Client impact
- 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
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
Mr. Grimm maintains a national practice guiding and advising health care providers and investment firms through the complex regulatory, transactional, and government enforcement challenges in the health care industry. He focuses his practice in the areas of mergers and acquisitions; strategic and compliance planning; fraud and abuse; Medicare reimbursement; health information privacy and security; and telehealth. Mr. Grimm represents a wide range of clients including health systems, investment funds, group practices, clinical laboratories, specialty providers, and medical device manufacturers. He previously served as a former CEO of multiple acute-care hospitals throughout the United States, and remains active in health care administration as a Fellow of the American College of Healthcare Executives (FACHE), the premier certification in health care management. This unique background enables Douglas to provide legal counsel with a practical, pragmatic perspective gained from years of experience as a health care executive and attorney.
CloseTony 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
Mr. Maida counsels healthcare and life sciences clients on government investigations, regulatory compliance and compliance program development. Having served as a government official, he has extensive experience in healthcare fraud and abuse and compliance issues, including the federal and state Anti-Kickback and Stark Laws and Medicare and Medicaid coverage and payment rules. Mr. Maida represents clients in False Claims Act (FCA) qui tam matters, government audits, civil monetary penalty and exclusion investigations, and CMS suspension, and revocation actions, negotiating and implementing corporate integrity agreements, and making government self-disclosures. He also draws on his background in government investigations to assist clients in evaluating, developing and implementing corporate compliance programs. Mr. Maida previously served as deputy chief of the Administrative and Civil Remedies Branch of the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG), where he represented the agency on investigating FCA and civil monetary penalty cases, negotiating and monitoring corporate integrity agreements, and defending exclusion appeals. While serving at HHS, he was a principal author of the OIG’s current Self-Disclosure Protocol.
CloseAndrew 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
Drawing on more than a decade of litigation experience with the U.S. Department of Health and Human Services Office of the General Counsel for the Centers for Medicare & Medicaid Services Division, Mr. Tsui assists healthcare clients seeking to develop comprehensive and durable approaches to the Medicare regulatory environments. His extensive background as lead agency counsel and his track record of success before both administrative and federal courts nationwide provides a unique optic to support the critical legal and business challenges his clients confront. A trusted advocate for healthcare providers and payers alike, Mr. Tsui also assists clients in the medical device, biopharmaceutical, and other emerging healthcare technology industries bring their products to market with confidence.
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