Does the Health Secretary have authority to issue retroactive regulations?
MultiRegion, United States of America
The following excerpt is from County of Los Angeles v. Secretary of Health and Human Services, 113 F.3d 1240 (9th Cir. 1997):
1 The Secretary's authority to issue retroactive regulations is not at issue here, cf. Bowen v. Georgetown Univ. Hosp., 488 U.S. 204, 208 (1988), because this case involves the Secretary's interpretation of existing regulations which took effect before the cost reporting years at issue. Thus, we apply "our general rule of deference to announcements of law by [agency] adjudication." Pfaff, 88 F.3d at 748.
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