ICD10monitor July 9, 2025
As a quick refresher, last year the U.S. Supreme Court overturned 40 years of precedent and upended statutory construction and enforcement by overturning the Chevron decision with the Loper Bright decision. This caused endless speculation about the future of federal healthcare regulation – and once again proved that the Roberts Court has little respect for precedent.
Prior to Loper Bright, so-called “Chevron deference” mandated that courts defer to a federal agency’s reasonable interpretation of an ambiguous statute. Because healthcare is subject to technical complexity and rapid evolution, this approach was particularly useful. Deferring to regulatory agencies permitted knowledgeable experts to implement regulation in the face of rapid changes. Even with administrative changes, most of the rank-and-file members of these agencies...
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