The Effect of Supreme Court Decision in SEC v. Jarkesy on HHS-OIG Powers
Highlights
Federal agencies’ powers are limited after Jarkesy and Loper Bright
HHS-OIG civil penalties may be vulnerable to scrutiny, requiring additional documentation to demonstrate constitutionality
Businesses in the healthcare industry have a new foundation for administrative litigation claims, with stronger footing
The U.S. Supreme Court’s highly anticipated decision in SEC v. Jarkesy has made waves this summer, creating significant implications for government agencies and calling into question whether or not agencies can impose civil monetary penalties (CMPs). The ruling came the same week as the decision in Loper Bright Enterprises v. Raimondo, where the Supreme Court overturned the Chevron doctrine and ruled that courts are no longer required to give deference to federal agencies where there is statutory ambiguity.
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