Becker's Healthcare August 22, 2024
Medicare audit hearings could be in flux after the Supreme Court overturned the Chevron deference, according to an Aug. 21 report from VMG Health.
In June, the Supreme Court overturned the legal precedent known as the Chevron deference, which said that during disputes over regulation of an ambiguous law, judges should defer to federal agency interpretations within reason.
Before Chevron’s overturning, administrative law judges relied on Chapter 8 of the Medicare Program Integrity Manual, which offers only a broad overview of using inferential statistics and conducting statistical sampling to estimate overpayments with Medicare audits. This preference, according to the report, was based on the premise that CMS had the expertise to interpret and apply complex statistical methods effectively.
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