Attorneys React To High Court's HHS Rulemaking Decision

Susan Huntington, chair of the firm's Healthcare and Life Sciences practice group, was quoted in an article, "Attorneys React To High Court's HHS Rulemaking Decision," published by Law360. In response to the U.S. Supreme Court's decision rejecting efforts by U.S. the Department of Health and Human Services (HHS) to avoid seeking public comment on a multibillion-dollar Medicare policy, the article focuses on healthcare attorney's reactions to how the ruling could affect the department and the Centers for Medicare & Medicaid Services (CMS).

Huntington told Law360, "The impact of this case goes well beyond hospital payments. The ruling makes it clear that CMS' expanding reliance on its 'interpretive' authority to make substantive changes in Medicare without notice-and-comment rulemaking is not acceptable. It will be interesting to see what other past interpretive rulings will be revisited — either through formal rulemaking or litigation challenges."