Monitor Mondays

Challenging the Ambiguity of an Agency’s Regulations

March 04, 2019 Chuck Buck | Ronald Hirsch, MD | Nancy Beckley | David Glaser, Esq. | Mary Inman, Esq. | Marvin D. Mitchell, RN | Jessica L. Gustafson, Esq.
Monitor Mondays
Challenging the Ambiguity of an Agency’s Regulations
Show Notes

The preponderance of ambiguously worded regulations from federal agencies – think the Centers for Medicare & Medicaid Services (CMS) – will be at the center of a major legal challenge coming March 26 to the nation’s highest court, and you’ll hear the details here during this edition of Monitor Mondays.

That’s when Jennifer Gustafson will report our lead story, focusing on the U.S. Supreme Court (SCOTUS) taking up the case of Kisor vs. Wilkie (U.S. Marine James Kisor vs. the U.S. Department of Veterans Affairs).

The dispute is over denied Veterans Affairs (VA) benefits. In 1997, SCOTUS ruled that generally, federal courts are required to accept an administrative agency’s interpretation of its own ambiguous relations; this rule today is known as Auer deference.

Gustafson is a founding shareholder with The Health Law Partners, representing hospitals, health systems, hospices, home health agencies, physicians, and other healthcare providers and suppliers in an array of legal matters.

Other segments on the broadcast include:

  • Monday Focus: LTACH vs. Managed Care: Limiting access of Medicare patients to long-term acute care (LTAC) facilities by health insurance companies; reported on by Marvin Mitchell, the director of case management and social work at San Gorgonio Memorial Hospital, east of Los Angeles.

  • Prime Healthcare: Prime Healthcare Services will pay $65 million to settle a federal whistleblower lawsuit that accused the California hospital chain of Medicare fraud. Famed whistleblower attorney Mary Inman, has the latest news on this major story.

  • Hot Topics: Monitor Mondays senior correspondent Nancy Beckley, president and CEO of Nancy Beckley and Associates, returns to report on all the latest hot topics.

  • Risky Business: Healthcare attorney David Glaser returns to Monitor Mondays with his popular segment, in which he reports on problematic issues facing providers.

  • Monday Rounds: Ronald Hirsch, MD, vice president of R1 RCM, maks his Monday Rounds with another installment of his popular segment. Dr. Hirsch will also be following up on his segment last Monday on how to bill for inpatient services when there is no admission order.