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Contractor Claims Forfeited Under Fraud Statutes

Client Alert | 1 min read | 08.06.14

The Federal Circuit in Veridyne Corp. (July 15, 2014) held that a contractor whose claims for payment were forfeited under the Special Plea in Fraud Statute (applicable when the contractor "knew that its submitted claims were false and . . . intended to defraud the government by submitting [its] claims") was not entitled to recovery even in quantum meruit for the value of work completed and accepted by the government. At the same time, the Federal Circuit upheld the imposition of False Claims Act penalties for each invoice submitted under a contract extension because the contractor's misleading proposal caused the extension to be "infected with fraud," and it upheld additional, CDA penalties for invoices found to be "unsupported."


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Client Alert | 6 min read | 03.26.24

California Office of Health Care Affordability Notice Requirement for Material Change Transactions Closing on or After April 1, 2024

Starting next week, on April 1st, health care entities in California closing “material change transactions” will be required to notify California’s new Office of Health Care Affordability (“OHCA”) and potentially undergo an extensive review process prior to closing. The new review process will impact a broad range of providers, payers, delivery systems, and pharmacy benefit managers with either a current California footprint or a plan to expand into the California market. While health care service plans in California are already subject to an extensive transaction approval process by the Department of Managed Health Care, other health care entities in California have not been required to file notices of transactions historically, and so the notice requirement will have a significant impact on how health care entities need to structure and close deals in California, and the timing on which closing is permitted to occur....