Abstract

Comment: Administrative Law
In 1985, the Department of Health and Human Services (HHS) enacted regulations, called Final Rules, purporting to protect the rights of handicapped infants to adequate medical care. The American Hospital Association and the American Medical Association  challenged the regulations as unauthorized federal intrusions on private decision-making. In a plurality decision, the United States Supreme Court held the Final Rules invalid. The Court went further than merely affirming the lower court decisions that HHS exceeded statutory authority. The Court clarified and applied a stricter test for agency regulation in general, and found that HHS failed the test.

This Comment will explore events and policy considerations leading to the promulgation of the Final Rules by HHS. It will analyze the decision in Bowen v. American Hospital Association, focusing on the arguments presented, the Court's opinion, and the vigorous dissent. Finally, the Comment will discuss potential narrow and broad interpretations of the decision, and the possible impact of each interpretation, as well as questions left unanswered by the Court.

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