Courts Become the New Health Policy Arena

From Axios

If courts weren’t already exerting outsized influence over health policy, they’re much closer to being final arbiters now that the Supreme Court has scrapped the decades-old doctrine that gave the Food and Drug Administration, Centers for Medicare and Medicaid Services and other health agencies the power to interpret vague or ill-defined laws.

Why it matters: Judges could get the final say on Medicare payment rates, drug and device regulation and even what constitutes a public health emergency.

The big picture: We’ve already seen courts shape the rules of the road on matters like access to abortion pills, surprise billing disputes and how certain hospitals access discounted drugs.

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