Summary of article from ArentFox Schiff, by Douglas a. Grimm, Lowell C. Brown, David S. Greenberg, Pascal Naples:
The Supreme Court’s decision in Loper Bright Enterprises v. Raimondo overturns the Chevron deference, requiring courts to independently interpret ambiguous statutory provisions rather than deferring to federal agencies. This shift, particularly impacting the health care industry, reinstates the more limited Skidmore deference, where courts only defer to agency interpretations found persuasive. Additionally, the decision in Corner Post v. Federal Reserve extends the statute of limitations for challenging agency actions, potentially increasing litigation against agency regulations. Health care organizations may face greater regulatory uncertainty and variability across jurisdictions as courts independently interpret complex statutes and regulations. Consequently, HHS may adopt more cautious regulatory approaches and increased reliance on guidance over formal rulemaking.