Court Deference to Agency Interpretations of Ambiguous Regulations: How Much is Too Much?

By Jessica L. Gustafson, Esq. and Adrienne Dresevic, Esq. of The Health Law Partners, P.C.
The healthcare industry is replete with sub-regulatory guidance that serves to interpret an agency’s’ regulations. Such guidance documents include, but are not limited to: OIG Fraud alerts, Advisory Opinions and Special Bulletins; CMS Manuals and coverage articles; and Local Coverage Determinations.