In the Press
April 23, 2024

Another Extension of Telehealth Waivers Looks Promising; OCR May Update Security Rule (Compliance Cosmo)


The regulatory world should keep its eyes open for a looming U.S. Supreme Court decision on so-called Chevron deference, said Complex Litigation & Dispute Resolution partner Greg Demske, former chief counsel to the HHS Inspector General, at the Compliance Institute. “Hundreds of cases have been decided by the federal courts based on this doctrine.” According to the Chevron doctrine, which comes from a 1984 Supreme Court decision, when a statute is ambiguous, courts are required to defer to the regulatory agency’s reasonable interpretation of the statute. Although Chevron deference has been the law of the land for decades, the Supreme Court agreed to hear two cases challenging it, and a ruling is expected by June. “The majority of the Supreme Court doesn’t seem to like Chevron.” If it’s diluted or goes away, the heavily regulated world of health care may be in for a bumpy ride. “The impact of this could really affect the level of certainty one can get from the statute based on what the regulatory agency says.” More in Compliance Cosmo.