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Is There a Road Forward for Biden’s Infrastructure Plans?

May 20, 2021 By Alston Government Contracts Team

On March 31, 2021 President Biden unveiled his American Jobs Plan in the form of two massive spending and tax proposals. Policy makers in Washington are actively debating and preparing to legislate based on these proposals. The first proposal, totaling $2.3 trillion, is focused on traditional infrastructure improvements, broadly defined, and includes highways, bridges, ports, airports, and transit; broadband; clean water; electric-grid upgrades; upgrades to residential, commercial, school, and federal buildings; investments in the care economy to raise wages and expand services; and investments [...]Read more

Filed Under: Advice to Contractors & Grant Recipients, Bid Protests & Public Contract Award-Related Representations, Public Construction, Public Contract Litigation, Public Health Care Contracts, State, Regional and Local Government Contracts Tagged With: Construction Contracts, Government Spending, Infrastructure Plan

UnitedHealthcare Wins Medicaid Bid Protest Case

May 14, 2018 By Alston Government Contracts Team

On April 10, 2018, the Pennsylvania Commonwealth Court ruled in favor of our client, UnitedHealthcare, in their case against the state Department of Human Services (DHS) for violating the state’s procurement code during a 2015 bid process for the $12 billion in Medicaid physical health services contracts. UnitedHealthcare, a Medicaid provider in the state at the time but not reselected for any areas, protested the bid selections after the discovery of a secret December 2016 meeting of state officials and two top executives of another bidder who ultimately won a contract. The DHS denied UnitedHealthcare’s [...]Read more

Filed Under: Bid Protests & Public Contract Award-Related Representations, Public Health Care Contracts, State, Regional and Local Government Contracts Tagged With: Bid Protest

The Trump Administration’s Move Toward Pro-Employer Policies

April 17, 2017 By Jeffrey Belkin

On March 27, 2017, President Trump signed House Joint Resolution 37 under the Congressional Review Act, which in essence blocked the Fair Pay and Safe Workplaces Executive Order (the “Blacklisting Rule”) signed by President Obama. By signing this Resolution, the Blacklisting Rule and the Department of Labor guidance remain in place, but as a practical matter will not be enforced by the Trump Administration. This Resolution will have minimal impact on government contractors in the short term since the Eastern District of Texas already issued a preliminary injunction in 2016 enjoining the implementation [...]Read more

Filed Under: Advice to Contractors & Grant Recipients, Public Construction, Public Health Care Contracts Tagged With: Blacklisting Rule, Executive Order, House Joint Resolution 37, President Trump

Alston & Bird Advisory: Highlights of the OIG’s 2017 Work Plan

January 4, 2017 By Alston Government Contracts Team

In coordination with Alston & Bird partners Dawnmarie Matlock and Wade Pearson Miller and other authors, Construction & Government Contracts associate Erica Harrison Arnold contributed to the Alston & Bird Health Care and Health Care Litigation advisory “New Initiatives for the New Year: Highlights of the OIG’s 2017 Work Plan.” The advisory focuses on new OIG HHS initiatives and projects in the 2017 Work Plan that companies in the health care industry should take special note of when planning their business strategies, risk assessments, internal audits and compliance efforts for [...]Read more

Filed Under: Advice to Contractors & Grant Recipients, Public Health Care Contracts Tagged With: Centers for Medicare & Medicaid Services (CMS), Office of the Inspector General (OIG), U.S. Department of Health and Human Services (HHS)

The Supreme Court Weighs In on the Implied Certification Theory of False Claims Act Liability

June 20, 2016 By Jessica Sharron

The Supreme Court has handed the Department of Justice and qui tam relators a bigger hammer to wield against government contractors with its opinion in Universal Health Services, Inc. v. United States ex rel. Escobar, confirming the viability of the implied certification theory of False Claims Act (FCA) liability. In this case, the relators filed a qui tam action alleging that a provider of mental-health services in Massachusetts violated the FCA when it submitted Medicaid reimbursement claims that included representations about the services provided, but failed to disclose that the service [...]Read more

Filed Under: Advice to Contractors & Grant Recipients, Government Contract-Related Investigations and the False Claims Act, Public Health Care Contracts Tagged With: False Claims Act (FCA), Implied Certification Theory, Qui Tam, U.S. Department of Justice (DOJ), Universal Health Services Inc. v. United States ex rel. Escobar

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This blog is a service of Alston & Bird’s Government Contracts team and provides insights on cases, rules, trends, and latest developments in local, state, and federal government contracting. Our attorney observations include analysis of investigations, litigation, protests and issues affecting present or prospective prime contractors, subcontractors, and grant recipients across various industries.

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