June 28, 2024

Supreme Court Takes Out Chevron Deference

In an expected move, the Supreme Court ruled that the Chevron deference precedent is no more. It has pulled back on the precedent and has now thrown it out.  The precedent said that courts must give deference to regulatory agencies when they make reasonable interpretations of ambiguous laws. Proponents of deference said that it is a necessary power of regulatory agencies and that its elimination will now lead to a Wild West of court decisions in the future. Opponents argued that it created an administrative state that was far-reaching and one that went well beyond legislative intent. I will write a blog on the possible implications for healthcare.  The removal of the deference rule does not change the fact that the Centers for Medicare and Medicaid Services (CMS) has often just got its regulations wrong or ignored them entirely. But it does have vast implications for healthcare policy.

Additional Articles: https://www.modernhealthcare.com/government/supreme-court-chevron-ruling-federal-regulation and https://insidehealthpolicy.com/daily-news/cms-fda-face-weakened-authority-following-scotus-chevron-decision and https://insidehealthpolicy.com/inside-drug-pricing-daily-news/chevron-ruling-could-chill-fda-s-public-health-efforts-stem-ai-ldt and https://www.fiercehealthcare.com/regulatory/supreme-court-overrules-chevron-deference-dealing-blow-federal-healthcare-agencies and https://www.healthcaredive.com/news/scotus-overturns-chevron-doctrine-healthcare/720219/

(Some articles may require a subscription.)

#chevron #cms #hhs #regulations


Optum-Steward Physician Deal Dead

In the face of regulatory opposition, United HealthGroup’s Optum is walking away from its proposed acquisition of Steward Health Care’s physician group.

Additional articles: https://www.fiercehealthcare.com/finance/steward-health-cares-physician-group-sale-optum-regulator-says and https://www.modernhealthcare.com/mergers-acquisitions/unitedhealth-optum-stewardship-health-physician-group

(Some articles may require a subscription.)

#manda #mergers #acquisitions #ftc #providers


OptumRx Settles Opioid Accusations

Without admitting guilt, Optum Rx, one of the big three pharmacy benefit managers, agreed to pay the Department of Justice $20 million to settle allegations it filled illicit opioid prescriptions, ignoring patient risks. Other supply chain entities have had to pay as well. It shows how far-reaching the opioid crisis hit and how many entities exhibited profit over patients.

Additional article: https://www.beckershospitalreview.com/legal-regulatory-issues/optum-to-pay-20m-to-settle-improper-prescription-allegations.html

#opioids #pbms


Kaiser Evaluates Accuracy Of Healthcare Issues In Presidential Debate

Kaiser Health News evaluates the candidates on their healthcare statements.  Little was said about healthcare in general, expect for some modest coverage and sometimes falsehoods about the Affordable Care Act (ACA), Medicare drug price negotiations, bizarre references to Medicare generally by both sides, and insulin prices.

Additional article: https://www.statnews.com/2024/06/27/biden-trump-medicare-abortion-presidential-debate/

#khn #healthcare #election2024 #biden #trump


The Future Of Preventive Services In The ACA

Two good Health Affairs Forefront blogs on the technical complexity of the recent Appellate Court Braidwood ruling.  What will ultimately happen to Affordable Care Act (ACA) preventive services now that most issues have been sent back to the conservative federal district court.

Additional article: https://www.healthaffairs.org/content/forefront/appellate-ruling-largely-preserves-access-preventive-services-but-threats-loom

(Articles may require a subscription.)

#aca #obamacare #prevention


Small Business Hurt By Health Insurance Costs

A JPMorganChase Institute analysis says health insurance premiums are putting major pressure on small businesses. Over half of workers are covered by employer-sponsored health plans. Over 27% work for a small business. For businesses with less than $600,000 in revenue, insurance premiums accounted for about 12% of payroll expenses vs. 7% for firms with $2.4 million or more in revenue.

#coverage #healthcare


Digital Health Investment Stabilizing

Pitchbook says venture capital funding for digital health companies has stabilized after a major drop during the COVID-19 pandemic. Startups raised $1.1 billion for 77 deals in Q1 2024, which is similar to previous quarters. But deal value declined nearly 27% year over year, with deal count down over 9%.

#digitalhealth #healthcare


— Marc S. Ryan

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