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  • schedule 90 minutes

Healthcare Regulation After Loper Bright and Corner Post: Agency Implications, Litigation Challenges, Client Impact

$297.00

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Description

Two notable decisions at the end of the recent U.S. Supreme Court term, Loper Bright Enterprises v. Raimondo and Corner Post v. Board of Governors of the Federal Reserve System will have a significant impact on federal agency rulemaking, rule implementation, and legal challenges to federal rules. Healthcare counsel, in an industry highly regulated by federal agencies such as HHS, FDA, and CMS, should understand the implications of these rulings and how their clients may be affected.

Loper Bright overruled the Chevron doctrine which, for 40 years, has served as the two-step framework for federal courts in deciding disputes between federal agencies and private parties challenging agency regulations. Under Chevron, courts would first ask whether Congress had "directly spoken to the precise question at issue" in the statute. If not, the courts were required to defer to the agency's interpretation as long as it was reasonable. While the Chevron doctrine has been chipped away over the years, Loper Bright has now formally overruled Chevron and put the task of interpreting statutory provisions back into the hands of federal courts.

Corner Post has increased agency exposure to suits by redefining when the statute of limitations period begins during which rules may be challenged. The Court held that the six-year statute of limitations for suits against the federal government begins to run only once the plaintiff has been injured, a significant change from the prior stance that the six-year period began once the rule was published. Therefore, entities formed within the last six years may challenge regulations that have stood for decades.

Listen as our expert panel guides practitioners through the recent Loper Bright and Corner Post decisions and discusses the impact on the healthcare industry where new challenges to longstanding regulations may be brought, even if they had previously been upheld under Chevron. The panel will also discuss potential client impact.

Presented By

Douglas A. Grimm
Partner, Health Care Practice Leader
ArentFox Schiff LLP

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.

Tony Maida
Partner, Healthcare Regulatory & Compliance Practice Leader
McDermott Will & Emery, LLP

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.

Andrew Tsui
Of Counsel
Greenberg Traurig LLP

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.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, September 12, 2024

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

  1. Introduction: a brief history of federal regulatory interpretation under Chevron
  2. Loper Bright Enterprises v. Raimondo
  3. Corner Post v. Board of Governors of the Federal Reserve System
  4. Legislative and regulatory effect
  5. Regulatory litigation challenges
  6. Client impact
  7. Practitioner takeaways

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?