How the Supreme Court has roiled U.S. health-care agencies

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In a raft of stunning decisions the Supreme Court has upended decades of federal regulations, hobbling government efforts to protect public health.

Recent Supreme Court decisions curbing the power of federal agencies will hobble government efforts to protect public health, legal experts warn. The rulings will make it harder for some federal agencies to bring enforcement actions, give judges more leeway to second-guess agency decisions and, following a decision Monday, make it easier to challenge long-settled regulations.

Among the agencies likely to be affected by the court’s decisions is the Food and Drug Administration, which routinely boasts that it regulatesspent in America. It makes high-stakes rulings on medications, tobacco products and food additives — what’s safe and effective to put in your mouth, or jab into your arm.

“A single judge that doesn’t have any scientific training could weigh in and say FDA has interpreted ‘adequate and well controlled investigations’ incorrectly,” Ramachandran said. “That’s a recipe for disaster.” Health-care providers suspended from receiving Medicare payments on suspicions of fraud or not following federal procedures could also benefit from another Supreme Court decision issued last week, said Andrew Tsui, a former CMS attorney who now handles health-care cases for the firm Greenberg Traurig.that the agency wrongfully relied on administrative hearings — not federal courts — to bring enforcement actions and issue fines.

 

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