CMS Internal Memorandum Clarifies Impact of Supreme Court Decision on Enforcement Practices
The Deputy General Counsel and Chief Legal Officers at the U.S. Department of Health and Human Services Centers for Medicare & Medicaid Services recently issued an Internal Memorandum clarifying that a recent Supreme Court ruling may limit HHS’s enforcement practices going forward. Consistent with the Court’s ruling, the Memorandum clarifies that subregulatory guidance issued without notice-and-comment rulemaking may not be used as the sole basis for an enforcement action when such guidance creates or changes a substantive legal standard.
