[author: J. Veronica Xu*]
Compliance Today (October 2024)
This summer, the U.S. Supreme Court overruled the Chevron deference in a 6–3 decision, holding that “Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority.”[1] As a result, courts will now use their own judgment to decide the meanings and intentions of a particular law, which could lead to contradictory rulings and clashing directives. It will profoundly impact the healthcare industry, from insurance requirements to hospital reimbursement rates to nursing home care, among other things.
With so much uncertainty and unpredictability, legal experts and scholars believe there could be a flood of litigation for years to come. Such concern has certainly caused a stir and sparked debates. So, how should compliance professionals prepare and properly respond to all this?
Stay abreast of the regulatory changes
Compliance work is never static, largely due to the ever-changing regulatory environment and constantly evolving risk landscape. Therefore, it is imperative for compliance professionals to stay informed of all the legislative updates that could have a direct impact on your organization’s operations. Signing up for industry newsletters and getting involved in national and regional compliance communities such as HCCA’s HCCAnet and conferences are an effective way to stay ahead of the game and allow adequate time to prepare for upcoming changes.
Consult and collaborate with your legal experts
It is no secret that the healthcare industry has historically faced intense scrutiny by a wide variety of governmental agencies and public media. There are numerous laws and regulations for every sector and every aspect of the care delivery process. Because of the legal complexities and potential implications of even the slightest deviation from the standard procedures, it is not only valuable but necessary for compliance professionals to work with legal experts on matters such as the interpretation and implementation of newly published rules, revised regulations, or updated guidance.
Although cases can be overturned, the ups and downs in the legal world do not fundamentally alter the work that compliance professionals have been doing—that is, focusing on and ensuring the quality of care for patients. It is paramount that we do not lose sight of what we pursue and stand for.
*J. Veronica Xu is the Chief Compliance Officer at Saber Healthcare Group headquartered in Cleveland, OH.
1 Loper Bright Enterprises et al. v. Raimondo et al., No. 22-451; Relentless Inc. et al. v. Department of Commerce et al., No. 22-1219.
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