Beyond Chevron: How the Court’s Decision Will Change Health Policy Legislating and Rulemaking

The Supreme Court’s June 28 decision overturning the Chevron precedent that required federal courts to defer to reasonable agency decisions when federal law is unclear creates potential challenges for crafting health policy legislation and regulations. On July 25, 2024, a panel of experienced policy and legal experts explored how Congress and federal health agencies are likely to adapt to the Court’s decision and what that may mean for health care policymaking.

Moderated by Larry Levitt, KFF’s executive vice president for health policy, the discussion addressed questions including: How will the decision change how regulators approach drafting new regulations? What type of health policy regulations are likely to be most vulnerable to future court challenges? How will it alter the legislative process and the ability to pass new laws? To what extent will Congress be able to provide greater specificity in delegating authority to federal agencies in future legislation?

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