Robert E. Wanerman

Jan 23, 2025 | jdsupra.com | Corben Green |Robert E. Wanerman

On January 20, 2025, a new administration took control of the Executive Branch of the federal government, and it has signaled that it will make aggressive use of executive orders. This would be a good time to review the scope of executive orders and how they may affect employers and health care organizations. Executive orders are not mentioned in the Constitution, but they have been around since the time of George Washington.

Dec 19, 2024 | jdsupra.com | Robert E. Wanerman

In its first merits decision this term, the Supreme Court provided a straightforward application of textualism to demonstrate that in cases challenging administrative action under the Administrative Procedure Act (APA), Congress’s delegation of authority to the agency must be clear. Only in this case, Congress got it right. In future challenges to agency action, counsel and affected parties should take into account the ability of Congress to limit those challenges.

Jul 25, 2024 | jdsupra.com | Stuart M. Gerson |Robert E. Wanerman

July 25, 2024 To embed, copy and paste the code into your website or blog: It goes without saying that the actions of federal regulatory agencies greatly affect many essential aspects of our daily lives, among them the delivery of medical services, medicines, and therapeutic devices and the availability of insurance to cover them; the safety of our workplaces; the quality of the environment; and relations between employers and employees. Where these agencies, of what is known colloquially as...

Feb 12, 2024 | jdsupra.com | Stuart M. Gerson |Robert E. Wanerman

In its frequent attempts to enforce the separation of powers that the Constitution’s framers devised as a system of checks and balances among the executive, legislative, and judicial branches of the federal government, it is often the so-called “Fourth Branch”—that includes the varied administrative agencies—that is at the heart of things.[1]These agencies possess a level of technical and scientific expertise that the federal courts generally lack.

Jul 6, 2023 | natlawreview.com | Robert E. Wanerman

Throughout the course of the pandemic, the Health Resources and Services Administration (HRSA) distributed $178 billion in Provider Relief Funds (PRF) to hospitals and health care providers. The Public Health Emergency has ended, and HRSA is now turning an eye to how the money was spent, and whether it was spent properly. PRF funds were distributed with nearly no-strings-attached; hospitals and providers had to simply agree to a few terms and conditions.