Supreme Court Decision to Overturn “Chevron Deference” Could Have Far Reaching Implications for Health Care Policy

Supreme Court, Chevron Deference

KFF, a nonprofit health policy research, polling, and news organization, recently released an issue brief that examines some of the far-reaching implications for health policy of the recent U.S. Supreme Court decision to overturn “Chevron deference” — a 40-year-old standard for decision-making that required federal courts to defer to reasonable agency decisions where federal law was silent or unclear. 

The decision ushers in a new era in which courts will not have to accept agency expertise in their review of regulations that are challenged in lawsuits. Analysts expect that more regulations will be overturned, erecting a new barrier to implementing key health care protections from the affordability of prescription drugs in Medicare, eligibility rules for Medicaid beneficiaries, infectious disease control and public safety standards, as well as consumer protections for people in self-insured private employer-sponsored plans. The decision does not affect agencies’ ability to enforce health care statutes using existing tools including audits, data collection, and administrative agency proceedings, where those are available.

Read the full issue brief for more information.

Karen Joy Fletcher

Our blogger Karen Joy Fletcher is CHA’s Communications Director. With a Masters in Public Health from UC Berkeley, she is the online “public face” of the organization, provides technical expertise, writing and research on Medicare and other health care issues. She is responsible for digital content creation, management of CHA’s editorial calendar, and managing all aspects of CHA’s social media presence. She loves being a “communicator” and enjoys networking and collaborating with the passionate people and agencies in the health advocacy field. See her current articles.