Stuart M. Gerson and Robert E. Wanerman, Members of the Firm in the Litigation and Health Care & Life Sciences practices, in the firm’s Washington, DC, office, were quoted in Managed Healthcare Executive, in “No Red Herring: Fisheries’ Legal Arguments About Chevron Deference Could Scramble Federal Healthcare Regulation,” by Deborah Abrams Kaplan.

Following is an excerpt:

Not everyone agrees that overturning the Chevron deference would be so momentous. “At least as the Supreme Court is concerned, Chevron hasn’t mattered much in the decision of any of these [recent healthcare] cases,” says Stuart Gerson, J.D., a healthcare, cybersecurity and fraud litigation attorney at Epstein Becker Green and a former assistant attorney general in the George H.W. Bush administration. ...

So why is the Chevron deference still relevant? “It’s not because it’s a problem in the Supreme Court. It’s because there are hundreds of cases in lower courts where Chevron is applied,” Gerson says. …

In the Empire Health Foundation and American Hospital Association cases, the courts did not address Chevron in reaching their decisions, notes Robert Wanerman, J.D., M.P.H., a healthcare regulatory, reimbursement and compliance attorney at Epstein Becker Green.


Jump to Page

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.