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?

Moderator

• Larry Levitt, Executive Vice President for Health Policy, KFF

 Panelists

• Cindy Mann, J.D., Partner, Manatt Health and former Deputy Administrator of the Centers for Medicare & Medicaid Services
• Kaye Pestaina, J.D., Vice President and Director of the Program on Patient and Consumer Protection, KFF
• Dean A. Rosen, J.D., Partner, Mehlman Consulting and former Chief Healthcare Advisor to Senate Majority Leader Bill Frist
• Laurie Sobel, J.D., Associate Director of Women’s Health Policy, KFF

KFF’s virtual Health Wonk Shop series features in-depth policy discussions with experts that go beyond the news headlines to provide greater insights.