Manatt Litigation Partner Harvey Rochman was quoted in Health Plan Weekly on how the overturning of Chevron deference may impact health care rulemaking moving forward.
Chevron deference previously allowed federal agencies to issue regulations that clarified any ambiguous parts of the law. The article explained how removing this deference could lead to a myriad of litigation over impactful health care rules, both new and previously established. Judges will now need to rule more on technical matters, and while notice and comment rulemaking remain, the process reveals numerous technical issues and allows regulators to thoroughly study these complex issues, according to Rochman.
This new standard of rulemaking could lead participants in the health care industry to question how much regulations limit their revenue. “There’s so much money at stake in the health care industry on these [regulatory] issues,” Rochman said. “With the increased possibility that a court will overturn regulations, it changes the cost-benefit analysis of litigation a lot.”