What are the basic principles of administrative law and rulemaking that come into play here?
Hypothetically, let’s say the Department of Health and Human Services has promulgated a new regulation applicable to all healthcare facilities with inpatients or residents (e.g., hospitals, nursing homes) that is highly unusual: all such facilities are required to provide free cable television in patient rooms with access to premium channels. Identify the legal theories and arguments to challenge the regulation and answer the following questions.
- What are the basic principles of administrative law and rulemaking that come into play here?
- Are there any due process or Constitutional law points?
- Will this trigger (or conflict) with state/local regulations like the certificate of need?
- What legislative delegation and preemption issues may be involved?
