Updates
May 2017
How Trump’s “Buy American and Hire American” Could Alter Procurements

The President’s “Buy American and Hire American” Executive Order (EO), issued April 18, 2017, reflects Executive Branch policy and orders several agencies to submit reports due in 60 and 150 days. But it does not change the statutes and regulations that currently govern Federal procurement and Buy American requirements. As such, the EO will have no immediate effect on existing Federal contracts and solicitations. But it could result in recommendations to affect future procurements.

View the full alert here.

Federal Claims Decision: Good News, Bad News for Qualified Health Plans

A recent U.S. Court of Federal Claims decision spells good news and bad news for a Qualified Health Plan (QHP).

First, the good news: the Court has jurisdiction of a claim for the Department of Health and Human Services’ failure under the Affordable Care Act’s (ACA’s) Risk Corridors Program to pay the amount required by the statute and regulations. The bad news is that the QHP must wait until completion of HHS’s audit and other procedures before it can sue. Whether the Court’s interpretation is right or wrong, it is difficult to understand how this Risk Corridor Program will provide temporary relief to a QHP if it must wait three years before receiving payment.

View the full alert here.

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