Michael Goldsticker and LauraLee Lawley wrote about the effects of the U.S. Supreme Court’s decision in Loper Bright Enterprises v. Raimondo on the Physician Self-Referral Law, also known as the Stark Law, for health care providers, in the Turning Square Corners newsletter. The newsletter is published by the Federal Bar Association’s Qui Tam Section.

"Compliance with the Stark Law often depends on a lengthy, interconnected series of regulations describing permissible types of remuneration, including multiple exceptions and safe harbors for health care organizations to avoid violations," Michael and LauraLee wrote. "Previously, under the Chevron deference regime, courts deferred to the Centers for Medicare & Medicaid Services (CMS) when questions arose over the meaning and validity of such regulations." 

"Now, in the wake of the Supreme Court’s recent decision in Loper Bright Enterprises v. Raimondo, uncertainty exists over the validity and significance of the Stark regulations and the extent to which CMS’s Stark Law interpretations will continue to receive any deference," they continued.

You can read the full article, starting on page 11, here: The Effects of Loper Bright on Stark Law Enforcement and Compliance for Health Care Providers