Looking at Law School Healthcare Compliance Programs After Loper-Bright: How We Got Here and Where We Should Go Next.

Abstract

The Supreme Court's decision 2024 in Loper Bright Enterprises v. Raimondo to overturn the Chevron doctrine, which required Federal Courts to defer to agency interpretations of ambiguous laws, along with other decisions challenging the decisions of regulatory agencies, marks a significant shift in healthcare regulatory oversight and compliance. This article takes this shift as an opportunity to examine the evolution of healthcare compliance education in U.S. law schools and consider how it should evolve to meet new demands. Through analysis of existing J.D. programs, master's degrees, and certificate programs in healthcare compliance, the article explores how law schools are already adapting to meet industry demands while distinguishing between programs designed for licensed attorneys and those for non-lawyer compliance professionals. The article highlights the role of external accreditation by the Compliance Certification Board (CCB) and clarifies the distinction between "certification" awarded through examination and "educational certificates" awarded by institutions. In light of the ironically almost total lack of regulatory attention to these programs from the Council on Legal Education that sets standards for law school J.D. programs, the article advocates for greater transparency in program outcomes and improved data collection regarding graduate career trajectories. It also addresses an often forgotten population, lawyers interested in changing practice areas at different stages of their careers. It concludes with recommendations for law schools to enhance their role in preparing both lawyers and compliance professionals for a post-Chevron regulatory environment, emphasizing the need for better tracking of program effectiveness and graduate outcomes to inform curriculum development and career pathways in healthcare compliance.