The Future for Healthcare Is So Loper Bright, I Gotta Wear Shades

Lexology July 31, 2024
BakerHostetler

On June 28, in Loper Bright Enterprises v. Raimondo (Loper Bright), the U.S. Supreme Court overturned the doctrine of Chevron deference, upending 40 years of precedent and significantly shifting power to the courts to interpret laws administered by federal agencies. As one of the most heavily regulated industries at the federal level, the healthcare industry is sure to feel this change acutely. Here, we examine Loper Bright’s impact on one agency in particular – the Department of Health and Human Services (HHS) Office for Civil Rights (OCR), the agency responsible for enforcing the Health Insurance Portability and Accountability Act’s (HIPAA) Privacy, Security and Breach Notification Rules – and the healthcare entities it regulates.

Key Takeaways

Background: What Is “Chevron Deference”?

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