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Chevron Doctrine No More: What the Supreme Court’s Ruling Means for Agency Authority

Client Alert
July 2, 2024

On June 28, 2024, the Supreme Court invalidated the Chevron doctrine, nearly 40 years after it first took effect.

The Chevron doctrine is a longstanding standard for decision-making that required Federal courts to defer to reasonable agency decisions where Federal law is silent or unclear. Though it historically garnered little attention, the doctrine had powerful practical effect, as it provided Federal agencies the power to publish necessary administrative rules interpreting vague or unclear Federal laws passed by Congress, essentially filling in the gaps left by Federal law. For areas of complicated Federal law like health care that require detailed knowledge and expertise, the ability of the pertinent regulatory agency to expound on Federal law served to facilitate the operations of Federal programs like Medicare and Medicaid.

In his majority opinion, Chief Justice John Roberts supported the end of Chevron based on its “misguided” presumption that federal agencies have competence to resolve statutory ambiguities. That competence rests with the Federal court system, not Federal agencies, according to Chief Justice Roberts.

Following the fall of Chevron, courts will not have to accept agency expertise in their review of challenged regulations, shifting from Federal agency expertise to generalist courts’ interpretations of Federal law.

In short, Friday’s ruling will likely impede the ability of Federal agencies to implement laws passed by Congress. Though agencies’ regulations will still have the force and effect of law, there will be a new incentive to challenge these rules in a court that will not have to afford deference to agency expertise where statutes are not clear. Overturning Federal regulations will result in barriers to implementing Federal programs.

For questions regarding how this decision could impact your business, please contact BMD Member Daphne Kackloudis at dlkackloudis@bmdllc.com or Attorney Jordan Burdick at jaburdick@bmdllc.com.

U.S. Supreme CourtChevron DoctrineHealthcareHealth LawHealthcare PolicyDaphne KackloudisJordan Burdick
Client Alert

New Florida Law: Patient Overpayments Must Be Refunded Within 30 Days

December 22, 2025Effective January 1, 2026, Florida Senate Bill 1808 requires health care facilities and practitioners to refund patient overpayments within 30 days after an overpayment is identified. The law applies to overpayments tied to claims submitted to government programs or private insurers and introduces fines and disciplinary consequences for noncompliance. Providers should review billing and payment practices now to prepare for the new requirements.Client Alert

USCIS Policy Change Impacting Work Authorization: Advisory for Employers and Human Resources

December 8, 2025USCIS has issued a policy memorandum pausing immigration benefit processing for individuals from 19 high-risk countries and requiring a re-review of certain previously approved cases. This change may affect work authorization, employment verification, and workforce stability. Employers and HR teams should review impacted employees and update compliance procedures.Client Alert

CMS Releases CY 2026 Medicare Physician Fee Schedule Final Rule with Key Payment and Telehealth Updates

December 4, 2025CMS issued the CY 2026 Medicare Physician Fee Schedule Final Rule on October 31, 2025, with changes effective January 1, 2026. The Final Rule includes increases to the conversion factor, a new efficiency adjustment, updates to practice expense methodology, permanent telehealth policy changes, revised payment for skin substitutes, expanded rules for Part B drugs and biologicals, enhanced policies for Rural Health Clinics and Federally Qualified Health Centers, and new care management and behavioral health services.Client Alert

Ohio Department of Medicaid Updates: Key Changes to Physician Reimbursement Rates in Early Parenthood

December 3, 2025The Ohio Department of Medicaid has proposed amending Ohio Administrative Code Rule related to covered Medicaid reimbursements for physicians. Beginning on January 1, 2026, they are proposing an increase to rates for prenatal care, childbirth, and infant care and provider visits.Client Alert

Name, Image, and Likeness Agreements in Healthcare

November 14, 2025For example, some healthcare providers have begun to utilize "Name, Image, and Likeness" agreements to promote the brand they have created through their healthcare practice.  We have seen the most healthcare NIL activity with longevity and wellness providers, as well as orthopedics.
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