Brownstein Hyatt Farber Schreck’s Post

HUGE news issued from the US Supreme Court. The Chevron deference framework was overturned yesterday. I am not an expert here, but have lots of thoughts. What does this mean? In the past when there is ambiguity over a law passed by congress, this doctrine would require federal courts to defer to administrative agencies (like CMS or HHS) for expertise. That is gone. Now the courts, rather than subject matter experts, have the ability to rule over areas that they do not have expertise (like healthcare regulations). “Without Chevron deference, agencies will still be able to issue these interpreting regulations, but courts won’t have to accept agency expertise when deciding whether an agency interpretation is consistent with the law. Courts can instead decide for themselves the best approach, shifting more policy decisions to the courts.” Agency regulations touch nearly all aspects of healthcare, Including Medicare and Medicaid payment rates, insurance coverage of mental health services, and so much more. Regulatory agencies protect the consumer (usually). Pros? There is less control for an agency to dictate interpretation of a law improperly, but I’m not sure this is the right solution. This opens the door for a lot of patient protection laws to be questioned and interpreted outside the intent of the law, and inconsistent with expert opinion in the relevant field. The effects of this are pretty chilling.. #chevron #healthcare #ABA #autism #healthpolicy

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Since we talked about Living Wills the other day, today we're talking about the other common part of an Advance Directive: the Durable Power of Attorney or POA, as many people call it. The health care POA is a type of advance directive in which you name a person to make decisions for you when you are unable to do so. The person you name may be a spouse, other family member, friend or member of a faith community. But remember, this should be someone that 1) you trust to make decisions based on your values and wishes, and 2) can be trusted to be your advocate if there are disagreements about your care (mostly among family members)! Advance directives only apply to health care decisions and do not affect financial or money matters. Since the laws around advance directives are different from state to state, talk to your health care provider (or your lawyer) about filling out your advance directive when you are still healthy, in case you become too ill or are unable to make medical decisions for yourself in the future. Some Myths vs Facts on Advance Care Planning below! #advancedirectives #advancecareplanning #nhdd #estateplanning #elderlawattorney #elderlaw #poa #durablepowerofattorney #healthcare

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The U.S. Supreme Court released several decisions over the past few weeks. While a few took up a lot of oxygen in the room, several had big implications for healthcare. In a surprising decision, the court reversed a 40-year precedent, the #Chevron doctrine, which was a principle from a 1984 decision that directed courts to defer to federal agencies' interpretations of ambiguous laws as long as those interpretations were reasonable. This shift could substantially change how healthcare regulations are developed and enforced, limiting the power of federal agencies. The implications are huge and could affect everything from drug and device approvals, hospital and nursing home regulations, and Medicare drug price negotiations. The Supreme Court wrote: “Perhaps most fundamentally, Chevron’s presumption is misguided because agencies have no special competence in resolving statutory ambiguities. Courts do.” Let that sink in. Courts have greater competency to resolve statutory ambiguities than experts at the FDA, Centers for Medicare & Medicaid Services, U.S. Department of Health and Human Services (HHS) and even the US Environmental Protection Agency (EPA) and Federal Aviation Administration. This decision is likely to spark numerous legal challenges and create significant disruptions, causing delays in rulemaking by agencies such as the FDA and CMS. Of course, some applaud the rule, believing that Congress should ultimately "step up" and create specific rules. However, in a divided government, addressing the #healthcare needs of a population or solving problems like how organizations should (or can) adapt to new technologies like #AI with speed could be limited. #healthcare #healthcarepolicy #regulation ABIG Health #Congres #SCOTUS

The Fall 2023 Semiannual Report to Congress from the HHS-OIG has been released. It highlights over $3.44 billion dollars in expected recoveries resulting from HHS-OIG audits and investigations conducted during fiscal year (FY) 2023. The report projects expected recoveries resulting from HHS-OIG audits and investigations occurring between October 1, 2022 and September 30, 2023; over $283 million dollars is expected to be returned based on program audit findings, and $3.16 billion dollars is expected to be returned based on investigative work. HHS-OIG reported 707 criminal enforcement actions against individuals and entities suspected of engaging in crimes targeting HHS programs and the people they serve. HHS-OIG also reported 746 civil actions, which include false claims and unjust-enrichment lawsuits filed in federal district court, civil monetary penalty settlements, and administrative recoveries related to provider self-disclosure matters. HHS-OIG also excluded 2,112 individuals and entities from participation in federal health care programs. Of the many highlights, two include reports involving #telehealth services: ➡ Medicare Improperly Paid Providers for Some Psychotherapy Services, Including Those Provided via Telehealth, During the First Year of the COVID-19 Public Health Emergency ➡ Analyzing Telehealth Claims to Assess Program Integrity Risks #healthcare #medicine #business #education https://lnkd.in/gFGBAn6c

Since we talked about Living Wills the other day, today we're talking about the other common part of an Advance Directive: the Durable Power of Attorney or POA, as many people call it. The health care POA is a type of advance directive in which you name a person to make decisions for you when you are unable to do so. The person you name may be a spouse, other family member, friend or member of a faith community. But remember, this should be someone that 1) you trust to make decisions based on your values and wishes, and 2) can be trusted to be your advocate if there are disagreements about your care (mostly among family members)! Advance directives only apply to health care decisions and do not affect financial or money matters. Since the laws around advance directives are different from state to state, talk to your health care provider (or your lawyer) about filling out your advance directive when you are still healthy, in case you become too ill or are unable to make medical decisions for yourself in the future. Some Myths vs Facts on Advance Care Planning below! #advancedirectives #advancecareplanning #nhdd #estateplanning #elderlawattorney #elderlaw #poa #durablepowerofattorney #healthcare

Below we analyze potential opportunities for the healthcare industry from the Court's Loper Bright decision

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