--- title: "What Chevron Upheaval Could Mean for Health Care Enforcement" canonicalUrl: "https://wyche.com/insights/blog/posts/what-chevron-upheaval-could-mean-for-health-care-enforcement/" excerpt: "Published by the American Health Law Association Written by Jim May, Tom Clarkson, and Jonathan A. Porter This article is brought to you by AHLA’s Fraud and Abuse Practice Group Over the last four decades, federal agencies have been free to implement laws with minimal checks by the courts, so long as those agencies’ implementing…
Read More" datePublished: "2024-02-07T08:49:18-05:00" dateModified: "2024-05-24T15:57:15-04:00" --- - What Chevron Upheaval Could Mean for Health Care Enforcement [Home](https://wyche.com/) » What Chevron Upheaval Could Mean for Health Care Enforcement [** Jim May](https://wyche.com/author/jmay/) ** ** ** # What Chevron Upheaval Could Mean for Health Care Enforcement Published by the American Health Law Association Written by [Jim May](https://wyche.com/what/attorneys/jim-may/), Tom Clarkson, and Jonathan A. Porter *This article is brought to you by AHLA’s Fraud and Abuse Practice Group* Over the last four decades, federal agencies have been free to implement laws with minimal checks by the courts, so long as those agencies’ implementing regulatory scheme is reasonable and not directly in violation of the enabling statutory structure. The judicial empowerment of federal agencies is perhaps most pronounced in the health care realm, where the Centers for Medicare and Medicaid Services (CMS) and Medicare Contractors have created an entire ecosystem of rules, advisory opinions, and guidance documents that far exceed the structure created by Congress to implement the federal government’s largest health care programs and can be changed at the whim of the agencies and contractors. [Read More](https://wyche.com/wp-content/uploads/2024/05/AHLA_FA_Bulletin_May_Clarkson_Porter_2-7-241-1.pdf) * # Jim May Jim represents clients in high-stakes governmental investigations and bet-the-company litigation, where disputes present existential risk to businesses and individuals. A former federal prosecutor, he is known for delivering clear, early judgment in consequential situations—quickly identifying risk, leverage, and paths to resolution. His practice is defined as much by what he prevents as by what he tries: many of his matters are resolved without charges or civil actions ever being filed, allowing clients to avoid public exposure, preserve reputation, and maintain control of outcomes. When litigation is unavoidable, Jim brings disciplined focus and decisive advocacy, combining thoughtful strategy with aggression in pursuit of a single objective: to win. Prior to joining Wyche, Jim served as an Assistant U.S. Attorney for the District of South Carolina from 2012 to 2021, where he was named Senior Litigation Counsel. He handled complex prosecutions involving securities, healthcare, and financial fraud, as well as public corruption, and played a central role in the federal investigation into fraudulent securities and regulatory filings by executives of SCANA and related entities arising from the abandonment of a nuclear power plant project in South Carolina. That matter resulted in guilty pleas by senior executives and more than $4 billion in ratepayer relief. He also served as lead and coordinating attorney in Operation Brace Yourself, an international healthcare fraud investigation spanning more than 20 federal districts, which resulted in more than 150 convictions and over $1 billion in restitution. Jim has tried a wide range of complex cases to federal juries, including bank fraud, securities fraud, tax fraud, healthcare fraud, public corruption, RICO, and drug conspiracy matters; as well as trying the first human trafficking case to a jury in South Carolina. Jim has briefed and argued numerous cases before the United States Court of Appeals for the Fourth Circuit. His trial experience, combined with his ability to anticipate how investigations develop, allows him to position clients effectively long before a matter reaches the courtroom. Earlier in his career, Jim served as an Assistant Public Defender in Richland County, South Carolina, where he represented more than 1,800 clients and obtained not guilty verdicts on numerous trials ranging from murder to drug trafficking to firearms charges. That experience continues to inform his practical, results-driven approach to litigation and his ability to assess risk, read juries, and make critical decisions under pressure. RELATED ARTICLES [](https://wyche.com/insights/blog/posts/wyche-advises-the-sellers-in-tavorons-acquisition-of-seltrol-inc-and-b-w-clark-inc/) ### [Wyche Advises the Sellers in Tavoron’s Acquisition of Seltrol, Inc. and B.W. Clark, Inc.](https://wyche.com/insights/blog/posts/wyche-advises-the-sellers-in-tavorons-acquisition-of-seltrol-inc-and-b-w-clark-inc/) Wyche represented Seltrol, Inc., a factory automation distributor based in Greenville, South Carolina, in its acquisition by Tavoron, a national provider of industrial automation, robotics, [](https://wyche.com/insights/blog/posts/former-federal-prosecutor-katie-stoughton-joins-wyches-appellate-and-litigation-practice/) ### [Former Federal Prosecutor Katie Stoughton Joins Wyche’s Appellate and Litigation Practice](https://wyche.com/insights/blog/posts/former-federal-prosecutor-katie-stoughton-joins-wyches-appellate-and-litigation-practice/) COLUMBIA, SC (February 12, 2026) – Wyche, a leading full-service law firm with offices across South Carolina, announces that Kathleen (“Katie”) Stoughton, a former federal [* View All](https://wyche.com/insights/news-stories/) ## Stay in Touch Join one our mailing lists and receive regular updates! 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