September 09, 2024 - 11:00 AM - 12:00 PM

The End of Chevron Deference: Potential Impact on Health Care Register Now

Location: Online

Registration Deadline: September 10, 2024

Overview

On June 28, 2024, the Supreme Court of the United States jettisoned the Chevron doctrine, overruling a 40-year-old case that had long served as the foundation for American administrative law. In the consolidated opinion in Loper Bright Enterprises, Inc. v. Raimondo and Relentless, Inc. v. Department of Commerce, the Supreme Court declared that, instead of deferring to agency interpretations of ambiguous statutes, courts now must exercise their “independent judgment” to determine whether an agency acted within its statutory authority. Although the Court held that Loper Bright Enterprises does “not call into question prior cases that relied on the Chevron framework,” it will still likely create waves for every federally regulated industry in the United States. How much of an impact this decision will have will be discussed for years to come.

This presentation will provide a short explanation of how Loper Bright has changed the legal landscape of administrative law generally, and will then focus on its potential impact specifically on some of the most important areas of health care, including, for example, the use of geographic areas for setting Medicare reimbursement; the consideration of provider costs in setting Medicaid rate reductions; calculation of the wage index for inpatient Medicare services; calculation of Disproportionate Share Hospital payments; the recent Nondiscrimination in Health Programs and Activities rule; and the definition of “medical condition” requiring employer accommodation under Pregnant Workers Fairness Act of 2022.

Speaker Information

Jolene Calla, Esq.
Vice President, Health Care Finance and Legal Affairs
The Hospital and Healthsystem Association of Pennsylvania

Jolene Calla currently serves as the vice president of finance and legal affairs for The Hospital and Healthsystem Association of Pennsylvania (HAP). In her current role, Ms. Calla directs all activities related to health care finance policy, including Medicare, Medicaid, and other government reimbursement for health care providers. Her responsibilities include detailed understanding and analysis of state and federal budgets, as well as a comprehensive knowledge of legislation and regulation impacting hospital and health system finances reimbursement, including current issues such as prior authorization reform and the No Surprises Act. Ms. Calla also served as a member of HAP’s COVID-19 Response Team and is the HAP liaison for the post-acute provider associations. Ms. Calla frequently participates in negotiations with government agencies and representatives of outside organizations on behalf of HAP. A current priority is the reauthorization of the statewide Quality Care Assessment. Prior to joining HAP, she served the Commonwealth of Pennsylvania for several years as Bureau Director for the Office of Medical Assistance Programs where she directed all operations and implemented multiple federal and state initiatives. Ms. Calla was the only person to lead both the Fee-for-Service and the Managed Care delivery systems in Pennsylvania.

Sean S. Zabaneh, Esq.
Partner
Duane Morris LLP

Sean Zabaneh is a solutions-focused trial attorney, representing a diverse group of clients in the highly regulated healthcare and life sciences industries. He is a member of the Commercial and Antitrust Litigation Division of the firm's Trial Practice Group and is a team member of the Health and Life Sciences industry groups. He is a member of the firm's governing Partners Board.

Mr. Zabaneh represents healthcare and life sciences clients in high-stakes corporate governance, intellectual property, breach of contract and antitrust and competition litigation, including complex class action litigation. Mr. Zabaneh has substantial courtroom experience in dozens of state and federal court trials, administrative proceedings, government investigations, arbitrations, and mediations.

Mr. Zabaneh has been the firm’s Hiring Partner and Chair of the Recruitment and Retention Committee, and continues to be actively involved in firm recruiting efforts. He is also involved in the firm’s Diversity and Inclusion Committee and DM Pride, the Firm’s LGBTQ+ group. Mr. Zabaneh also organized the firm’s annual City Year Community Service Project, which provides books and supplies to local schools, and received several awards for his commitment to pro bono legal work, and served as a mentor for the Leadership Council on Legal Diversity.

Continuing Education Credits

ACHE Qualified Education Credit (non-ACHE)

HAP is authorized to award one pre-approved ACHE qualified education credit (non-ACHE) for this program toward advancement, or recertification in the American College of Healthcare Executives.

Continuing Legal Education Credit

This program is pending approval for one continuing legal education (CLE) credit.

Registration Information

The webinar registration fee includes program content and continuing education credit.

HAP Member Rate per connection: $99
HAP Associate Member Rate: $199
HAP Nonmember Rate: $299

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