Healthcare Regulation in a Post-Chevron World: What the Supreme Court’s Decision in Loper Bright Means for Healthcare Providers

On June 28, 2024, the United States Supreme Court overturned its long-standing precedent in Chevron v. NRDC. Under Chevron, courts were required to defer to an executive agency’s reasonable interpretations of ambiguous statutory provisions. Under the new framework set out in Loper Bright v. Raimondo, courts must instead consider statutory text on its own terms and evaluate agency action in light of the “best reading” of the underlying statute. This new framework significantly shifts the balance in administrative litigation away from executive agencies like CMS and toward a more level playing field.  

This roundtable webinar will discuss the Court’s opinion in Loper Bright and how it affects healthcare providers. Specifically, we will discuss:

• the Court’s holding in Loper Bright and how it departs from the old Chevron framework;
• how the decision will likely affect the government’s future agency rulemaking and current litigation strategies; and
• what new opportunities may exist for healthcare providers to challenge old regulations or distinguish prior agency actions upheld under the old Chevron doctrine.