To What Extent Can CMS Informally Issue Interpretive Rules?
By Robert Wanerman (October 17, 2018, 12:15 PM EDT) -- On Sept. 28, 2018, the U.S. Supreme Court granted certiorari to review the decision of the D.C. Circuit in Allina Health Services v. Azar, which has the potential to resolve the issue of whether or not the Medicare Act requires notice-and-comment rule-making in more situations than are required by the Administrative Procedure Act. The D.C. Circuit held that 42 U.S.C. § 1395hh requires notice-and comment rule-making more often than the APA, and that the secretary of the U.S. Department of Health and Human Services failed to comply with that statute. Allina will deal with the extent to which the Centers for Medicare & Medicaid Services is entitled to issue interpretive rules on an informal basis, which has become a common practice....
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!