In reference to a number of reader inquiries regarding Tozzi v HHS we offer the following:
Tozzi v HHS resulted in three key decisions:
(1) The plaintiff need not demonstrate direct causation; instead they can suffer harm through indirect causation, and
(2) The issuance of a standalone report can be a final agency action and thus judicially reviewable, and
(3) An extremely strong statement on the deference to be accorded to agency interpretations of its own regulations.