Robert E. Wanerman
Robert Wanerman, a Member of the Firm in the Health Care and Life Sciences practice, in the Washington, DC, office, wrote an article titled “D.C. Circuit Requires Greater Disclosure of Changes in Medicare Regulations.”
Following is an excerpt:
The federal rulemaking process often accommodates a variety of interests. The regulating agency wants to implement a statutory delegation of authority, and wants to retain enough flexibility to enforce its regulations under circumstances that may not be foreseeable.
The regulated parties want to receive adequate notice of the agency’s proposed action and to have a meaningful opportunity to participate in the regulatory process as provided in the Administrative Procedure Act (APA).