In the following, provider organizations have sued an administrative agency. You answer for each letter how the court will decide by writing “support administrative agency” or “overrule administrative agency.”
a) If Congress specifically passed a law limiting the Environmental Protection Agency from regulating carbon levels, what would a court rule if a provider organization sued the EPA when the EPA fined the provider for using too many carbons?
b) If the FDA decided to not a approve a drug based on science and testing as Congress said it should, and prohibited a drug like the morning after pill because it was thought to be like an abortion pill, and a pharmacy sued the FDA to release the drug, what might the court decide?
c) If the administrative agency did not follow its own procedures in fining a provider?
d) If the language in the law creating the administrative agency is ambiguous and open to several interpretations, and the administrative agency selected on, but the provider likes a different one?
e) If a regulation is generated by the EPA that puts 90% of the coal producers out of business, and these providers sue, the courts will decide?
f) Medicare has reduced its payments and changed the way it reimburses providers, and providers will get much less payments. The court will decide?
g) The providers have shown to the court that a regulation implemented by the DHHS is clearly poor social and economic policy. The court will decide?
5. In 4 e,f,g what other recourse(s) might providers have in these cases for a remedy? Expert Answer