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.