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.
Regulations, Compliance, & Enforcement
Trending Now
Mandatory Disclosure Rule Best Practices for Government Contractors • SBA Proposes Rollback of Social Disadvantage Presumption in 8(a) Program • New EO on Customs Enforcement Tightens Import Controls, Aims to Reduce Evasion • New Grant Regulations from OMB • The False Alignment Trap in Compliance Transformation
CMS Internal Memorandum Clarifies Impact of Supreme Court Decision on Enforcement Practices
Gil C | Shutterstock
Track False Claims Act cases, audit trends, and compliance best practices with our Compliance & Enforcement newsletter, delivering up-to-the-minute intelligence Monday–Saturday — Subscribe here.