Code Red: Healthcare Cybersecurity in a Post-Chevron World
HIT Consultant October 22, 2024
In light of the recent Supreme Court decision overturning the Chevron deference, the regulatory landscape, especially concerning cybersecurity in healthcare, faces significant changes. The ruling in Loper Bright Enterprises v. Raimondo, which reversed the 1984 Chevron v. Natural Resources Defense Council precedent, alters how federal agencies can interpret and implement laws. This shift carries profound implications for the Department of Health and Human Services (HHS) and the Cybersecurity and Infrastructure Security Agency (CISA) as they work to enforce new cybersecurity requirements in the healthcare sector. Compounding these challenges is the recent introduction of the Healthcare Cybersecurity Act of 2024, which mandates collaboration between CISA and HHS to enhance the cybersecurity of the Healthcare and Public Health Sector.
The Chevron Doctrine...