George B. Breen, Member of the Firm in the Health Care & Life Sciences and Litigation practices and Co-Chair of the firm’s National Health Care & Life Sciences Practice Steering Committee, in the firm’s Washington, DC, office, was a featured voice in the Medtech Insight forecast article “Medtech 2025: Deregulation, Tariffs Anticipated from New US Administration,” by Natasha Barrow, Brian Bossetta, Elizabeth Orr, and Marion Webb.
Following is an excerpt:
Experts told Medtech Insight that they expect the incoming Trump administration to focus on deregulation, which may provide new opportunities for business growth and reshape the judiciary. Health care fraud enforcement and supply chain diversification will remain areas of focus, and new opportunities may arise in chronic disease management. Proposed tariffs, meanwhile, could have major effects.
Q: What are your expectations for the incoming administration?
A: George Breen
A second Trump administration suggests a continued effort at reshaping the federal judiciary through appointments of judges who are likely to be more “business friendly.”
From a regulatory perspective, I anticipate there will be an emphasis on deregulation, as well as a return to an effort to review, revise, and potentially terminate a number of existing rules and regulations that are believed to limit business growth and potential.
I also expect, separately, in light of the Supreme Court’s decision this past year in Loper Bright, overturning the Chevron doctrine, a continued and heightened effort by entities to challenge agency interpretations of ambiguous regulations, particularly in an era of the appointment of a judiciary likely to be more receptive to such arguments. This offers a key opportunity to defendants in FCA cases being pursued based on such interpretations, which will no longer have the deference previously afforded.
In terms of health care fraud enforcement, I expect the DOJ to continue to focus on its existing FCA Civil Cyber-Fraud Initiative and to focus more intently on the use of artificial intelligence in health care in attempting to bring cases under the FCA.
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- Board of Directors / Member of the Firm