ASHA Advocate: July 3, 2024

July 3, 2024

Potential Implications of Supreme Court Decision on Judicial Review of Federal Regulations

The Supreme Court issued a decision [PDF] that will have major implications for federal policy making. The decision overturns a longstanding doctrine referred to as Chevron Deference [PDF], which generally required judges to defer to agency interpretations of ambiguous federal laws. At this time, it is unclear how the decision will impact congressional lawmaking and the rulemaking process at federal agencies, though federal courts will now have more discretion to reject agency expertise or interpretations of federal laws, which could have implications for programs impacting ASHA members on a case-by-case basis. ASHA is actively monitoring the legislative, regulatory, and judicial impact of the decision on our advocacy efforts and will provide further information as circumstances warrant.

Supreme Court

Capitol Hill Day Efforts Bolster Federal Support for Key Bills

Advocacy wins! ASHA’s 2024 Capitol Hill Day has resulted in 61 new cosponsors on priority federal legislation in less than two months! There are 14 new cosponsors on legislation to expand the uses of tax advantaged expenses for professional development and 13 on legislation to fully fund IDEA. Cosponsors added on other legislation include:

  • 12 supporting an annual inflationary update to Medicare payments,
  • 8 on legislation to require private insurers to cover implantable hearing devices and related services provided by audiologists,
  • 7 on a bill to stop violence against health care workers,
  • 4 to make audiologists and SLPs permanent Medicare telehealth providers, and
  • 3 to provide federal grants to support state-based efforts to screen for cytomegalovirus.

Take action by emailing your elected officials about these and other issues now to keep the momentum going!

CMS Releases Proposed Home Health Payment Rule for 2025

The Centers for Medicare & Medicaid Services (CMS) issued the 2025 home health prospective payment system proposed rule. The rule proposes to reduce payments to home health agencies by 1.7% in 2025 and continues to monitor changes in patient clinical complexity and therapy service delivery since the patient-driven grouping model was implemented. We are reviewing the proposed rule and will share a more detailed summary in the coming days and will comment on the proposed rule by the August 26 deadline.

Working for You

  • ASHA supported the newly reintroduced Improving Seniors’ Timely Access to Care Act (S. 4532/H.R. 8702)
  • Analyzed updates to the Medicare Durable Medical Equipment, Prosthetics, Orthotics, and Supplies Master List and what it means for SLPs
  • Collaborated with AAA and ADA [PDF], the Audiology Quality Consortium [PDF], and the Rehabilitation Therapy Coalition [PDF]  on writing letters to the Senate Finance Committee on Medicare Payment Reform.
  • Urged Blue Cross Blue Shield Wyoming [PDF] to update prior authorization requirements on hearing aids in their Federal Employee Program plans.
  • Participated in a Colorado Medicaid meeting during which they announced a new benefit of adult coverage of habilitative services. We provided resources during ASHA’s payer summit and post-summit conversations and meetings to support Colorado Medicaid during their benefit development process.
  • Presented during ASHA’s Audiology Student Day and to SIG 8 (Public Health Audiology) about federal legislative efforts to expand access to, coverage of, and reimbursement for hearing and balance services furnished by audiologists.
  • Attended an AI in Education showcase hosted by U.S. Representative Virginia Foxx (R-NC), chair of the House Education and the Workforce Committee.
  • Received FLASHA’s President’s Award from Marian A. Lowther, M.S., CCC-SLP for ASHA's support in advocating for Florida’s adoption of the Audiology and Speech-Language Pathology Interstate Compact
  • Hosted and recorded an ASHA-PAC webinar on “Deciphering Political Polls” that is now available to all ASHA members.
  • Lead an ASHA Professional Development webinar on what clinicians need to know about HIPAA and FERPA patient and student privacy laws.
  • Attended the National Health Council’s Washington Representatives Summer Meeting where health care industry stakeholders and congressional staff from key health care committees discussed the potential for regulating the use of artificial intelligence in health care, in addition to other health care issues, such as Medicare.
  • Led the Consortium for Constituents with Disabilities (CCD) Health Task Force meeting where members discussed school-based Medicaid issues, appropriations, and other disability related topics.

Interested in seeing other comment letters ASHA has submitted? Visit our website.


Eric Masten, ASHA’s director of federal affairs for education, attended the Florida Association of Speech-Language Pathologists and Audiologists 2024 Convention to provide attendees with updates on federal education advocacy and collaboration with state associations in support of their state advocacy efforts. Thanks for having us, FLASHA!


ASHA Corporate Partners