Loper Bright Ruling Brings New Challenges to Health Care Rules: Professionals

Healthcare attorney Robert Bradner was quoted in a Part B News article discussing the implications of a U.S. Supreme Court decision on federal healthcare regulations. He noted that while the ruling in Loper Bright overturning Chevron deference could allow judges greater leeway in interpreting what constitutes "reasonable" in the context of Medicare's payment and coverage rules, the program itself provides detailed definitions and delegates significant responsibility to the U.S. Department of Health and Human Services (HHS) and Centers for Medicare & Medicaid Services (CMS), creating some stability. Mr. Bradner also highlighted the new regulatory landscape will entail finding a balance between increased judicial involvement and adherence to Medicare's well-established foundation.

“Medicare has pretty extensive definitions of reasonable cost and delegates the responsibility to HHS to establish reimbursement rates. It also clearly empowers CMS to administer Medicare using contractors," he said. 

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