HMS Partner Chip Hutzler recently moderated a podcast (click here to listen) for the American Health Law Association (AHLA) discussing the impact of two recent Supreme Court decisions on the healthcare industry. The panel discussed the impact of the Loper Bright Enterprises v. Raimondo case involving judicial review of administrative rulemaking, and the SEC v. Jarkesy case holding that defendants subject to civil penalties have a Seventh Amendment right to jury trial. The panelists included Greg Demske, Partner at Goodwin Proctor, and formerly the OIG Chief Counsel to the Inspector General at the Department of Health and Human Services, and Jonathan Porter, Partner at Husch Blackwell, formerly a federal prosecutor with Department of Justice in Georgia.
The panel discussed which healthcare regulations potentially might be challenged or impacted by the Loper holding, including the regulations related to the Physician Self-Referral Law (Stark law), the Antikickback Statute safe harbors, and related guidance regarding fair market value, commercial reasonableness, and the volume or value standard. Other potentially impacted regulations were discussed, including FDA regulations, DEA regulations related to prescribing controlled substances, HIPAA regulations, EMTALA regulations, IRS private benefit guidance, Medicare fee schedule rules, and CARES Act funding regulations.
With respect to the Jarkesy case, the panel discussed what sort of healthcare administrative penalties might be impacted, including Civil Monetary Penalties, IRS Intermediate Sanctions, HIPAA, EMTALA, and others. The panel discussed which remedies under those laws are legal in nature versus equitable relief, and whether the ruling would lead to more jury trials, or a material change in settlement recoveries.
Click here to listen to the podcast: Loper Bright and Jarkesy: What Do They Mean for the Health Care Industry? (buzzsprout.com)
