Loper Bright and Jarkesy: What Do They Mean for the Health Care Industry?

• August 02, 2024

The health care industry is still parsing the effects of the Supreme Court’s recent decisions in Loper Bright Enterprises v. Raimondo, which ends Chevron deference, and SEC v. Jarkesy, which entitles defendants to a jury trial when the government seeks civil penalties. Chip Hutzler, Partner, HMS Valuation Partners, speaks with Greg Demske, Partner, Goodwin Procter LLP, and Jonathan Porter, Partner, Husch Blackwell LLP, about how these decisions will impact the health care industry. They discuss which health care regulations may come under closer scrutiny after Loper Bright and the kinds of health care civil penalties that may be affected under Jarkesy. Jonathan recently co-authored an article for Health Law Weekly about this topic. From AHLA’s Fraud and Abuse Practice Group. Sponsored by HMS Valuation Partners.

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