Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

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

Ohio House Bill 537: Proposed Regulations for Midwives and Birthing Centers

January 28, 2026House Bill 537, introduced in the Ohio House of Representatives, proposes a comprehensive regulatory framework for certified nurse-midwives, certified midwives, licensed midwives, and traditional midwives. The legislation would clarify scope of practice, establish licensure standards, and impose new requirements for freestanding birthing centers and home births. Healthcare providers and facilities should be aware of the proposed changes and their potential operational impact.Client Alert

Proposed Health Information Privacy Reform Act Expands Protections Beyond HIPAA

January 26, 2026The Health Information Privacy Reform Act (HIPRA) seeks to extend privacy protections to health data not covered under HIPAA, including data collected by apps and wearables. HIPRA introduces broader definitions of protected health information, strengthens privacy and security requirements, establishes patient notification rights, and sets national de-identification standards. Companies processing health data should monitor developments to ensure compliance.Client Alert

Medicare Updates on Skin Substitutes: LCDs Withdrawn, Payment Changes Take Effect

January 23, 2026Medicare’s planned Final Local Coverage Determinations (LCDs) for skin substitutes were withdrawn in late December 2025, meaning previous coverage rules remain in effect. The 2026 Medicare Physician Fee Schedule introduces a single payment rate of approximately $127.14 for these products. Providers should review implications for diabetic foot and venous leg ulcer treatments.Client Alert

Understanding the Seven Core Elements of an Effective Healthcare Compliance Program

January 22, 2026The Affordable Care Act requires healthcare providers participating in Medicare, Medicaid, and CHIP to maintain an effective compliance program. Guidance from the Department of Health and Human Services and the Office of Inspector General outlines seven core elements that form the foundation of these programs, from written policies and compliance oversight to auditing, training, and corrective action. This alert highlights each element and explains how practices can tailor compliance programs to their size and risk profile while meeting federal expectations.Client Alert

Preventing a Board Investigation

January 21, 2026Healthcare professionals in Ohio are subject to licensing board investigations that can lead to disciplinary action. Staying compliant with regulations, documenting carefully, and operating within your professional scope can help prevent issues. If contacted by a board, working with an attorney is critical to protect your license and rights.
Older posts
Newer posts