How Three SCOTUS Decisions Could Impact Healthcare Organizations’ FCA and Agency CMP Litigation Strategies

Lexology July 31, 2024
McDermott Will & Emery

At the end of the 2024 term, the executive branch struck out when the US Supreme Court issued three separate decisions along ideological lines that have the potential to materially weaken the enforcement authority of federal administrative agencies.

• First, the Court overruled the long-standing Chevron doctrine that instructed courts to defer to an agency’s permissible interpretation of ambiguous statutes.
• Second, the Court held that the ability to bring a claim against an agency for a final agency action under the Administrative Procedures Act (APA) does not accrue until the time that the plaintiff was injured by that action, effectively extending the six-year statute of limitations for bringing such claims.
• And third, the Court held that an agency’s use of...

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