Willie H. Goffney, Jr., et al. v. Xavier Becerra, Secretary of Health and Human Services
AdministrativeLaw SocialSecurity JusticiabilityDoctri
1. Whether the regulatory deference test set forth in Auer v. Robbins, 519 U.S. 452 (1997) and Kisor v. Wilkie, --- U.S. ---, 189 S.Ct. 2400 (2019), should be retired to allow courts the ability to interpret administrative regulations without being required to defer to the agency's interpretation.
2. Alternatively, whether the test set forth in Auer and Kisor should be revised to ensure courts are able to provide meaningful review of an administrative decision that contravenes unambiguous non-technical regulatory language.
3. Whether HHS can process a provider's claims retroactively, once the provider's account is restored, notwithstanding 42 C.F.R. § 424.555.
Whether the regulatory deference test set forth in Auer v. Robbins and Kisor v. Wilkie should be retired or revised to allow courts to interpret administrative regulations without being required to defer to the agency's interpretation