The expected challenges to healthcare compliance following last year’s Supreme Court ruling in Relentless v. Department of Commerce and Loper Bright v. Raimondo, have not yet fully materialized. The decision, which reduced the power of federal agencies to interpret the laws they administer, could lead to difficulty for healthcare compliance professionals in complying with regulations without relying on agency interpretations. McCarter & English partner Khaled Klele spoke with Healthcare Risk Management about the ruling’s impact noting that, healthcare organizations do not seem to be developing compliance plans with the hope of relying on Loper Bright at some later date. “The Loper Bright standard certainly offers a way for a provider to challenge a statute or regulation, assuming the provider is involved in an agency administration action or litigation, such as a qui tam action, that involve the provider’s compliance plan,” Khaled said. “But I do not believe that providers have become indifferent to healthcare compliance because of Loper Bright.” He added that it also is possible that Loper Bright ultimately may have a positive effect when it comes to healthcare compliance as there are a lot of gray areas because of ambiguities in statutes and regulations.
5.13.2025