Supreme Court Pick Good for Healthcare
President Trump’s nomination for Supreme Court, good for Healthcare. Judge Gorsuch has a history of looking at what he sees as over regulation and a lack of specificity. This could bring some serious regulatory relief to the healthcare industry.
He currently sits on the U.S. Court of Appeals for the Tenth Circuit where he has expressed concerns over how federal agencies produce regulations and then how they interpret them. The Centers for Medicare and Medicaid Services has not escaped his frustration and concern.
In a recent case Judge Gorsuch, where CMS attempted to recapture Medicare reimbursement from a provider stated that the number if new regulations issued by federal agencies “have grown so exuberantly it’s hard to keep up”. “The Centers for Medicare and Medicaid Services estimates that it issues literally thousands of new guidance documents (not pages) every single year, guidance providers must follow exactly if they wish to provide healthcare services to the elderly and disabled under Medicare’s umbrella”. He has follow up by observing about a “strange world” where government agencies are incapable of keeping up with their own “frenetic lawmaking”.
Judge Gorsuch’s concerns of agency over regulation are consistent with the Trump administration rule that for every “new” regulation promulgated two “old” ones must be eliminated. Healthcare providers could use this type of regulatory relief so that they can more easily meet the goals of CMS’s regulations without fear of interpretations that might not be clear to the provider. Judge Gorsuch has expressed his concerns regarding a 1984 court ruling that advises judges to defer interpretations of ambiguous regulations to the agencies that created them.
His real skepticism regarding how agencies promulgate new regulations and then how they are free to interpret them bodes well for providers. Issuing regulations and guidance that makes clear the application will eliminate confusion and in many cases legal challenges.Supreme
Judge Gorsuch has begun the process of being confirmed and the hope is that he will be installed in the next six weeks so that he can participate in the courts spring docket.