Research Conducted at University of Chicago Has Updated Our Knowledge about Law Reviews (Necessary “procedures”Making Sense of the Medicare Act’s Notice-and-comment Requirement)

Health Policy and Law Daily

2021 JAN 22 (NewsRx) -- By a News Reporter-Staff News Editor at Health Policy and Law Daily -- A new study on Legal Issues - Law Reviews is now available. According to news originating from Chicago, Illinois, by NewsRx editors, the research stated, “The Supreme Court’s recent decision in Azar v Allina Health Services, Inc opened and then declined to resolve a new question of administrative law. In that case, the Court affirmed the DC Circuit’s holding that the Medicare Act, unlike the Administrative Procedure Act (APA), did not exempt so-called ‘interpretive rules’ from notice and comment.”

Our news journalists obtained a quote from the research from the University of Chicago, “Crucially, however, the Supreme Court declined to give any further guidance as to what rules the Medicare Act’s notice-and-comment provision does cover. This lack of guidance added further confusion to an alreadymurky area of law: the DC Circuit’s current interpretation of the Medicare statute, which is the only one presently left standing, has no fixed limits and is tethered only to a dictionary definition. This Comment argues that courts should clarify the reach of the Medicare Act’s notice-and-comment provision by looking to existing case law interpreting the APA’s exemption to notice and comment for procedural rules. This reading would provide the administrators of the Medicare system with much-needed guidance as to which rules they must subject to notice and comment.”

According to the news editors, the research concluded: “With the effective administration of over sixty million Americans’ health insurance on the line, clarifying the statute’s notice-and-comment requirement is a necessary ‘procedure..”

This research has been peer-reviewed.

For more information on this research see: Necessary “procedures”Making Sense of the Medicare Act’s Notice-and-comment Requirement. The University of Chicago Law Review, 2020;87(8):2175-2219. The University of Chicago Law Review can be contacted at: JSTOR, 1111 E 60TH St, Chicago, IL 60637, USA.

The news correspondents report that additional information may be obtained from Josh Armstrong, University of Chicago, Law School, Chicago, IL 60637, United States.