Skilled Nursing News August 12, 2024
The Centers for Medicare & Medicaid Services’ (CMS) issuance of civil monetary penalties is in the crosshairs of litigators, as increasingly gained enforcement power comes up against a Supreme Court decision.
In the Securities and Exchange Commission (SEC) v. Jarkesy case, SCOTUS ruled that defendants have a constitutional right to make their case to a federal jury when the agency is seeking financial penalties, according to a report from Bloomberg News. The decision could reduce federal leverage to extract high-dollar settlements. The ruling comes a day before another Supreme Court ruling, Loper Bright Enterprises v. Raimondo, which rolled back Chevron doctrine, or judicial deference to rulemaking decisions in court.
CMS and its parent agency, the U.S. Department of Health and...
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