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White House Authorizes Indemnification for Ebola Contracts

Client Alert | 1 min read | 11.17.14

On November 13, 2014, President Obama issued a Presidential Memorandum authorizing the U.S. Agency for International Development to indemnify contractors performing Ebola-response contracts in Africa "with respect to claims, losses, or damage arising out of or resulting from exposure, in the course of performance of the contracts, to Ebola." This Presidential action is the latest example of how contractors may obtain contract-based indemnification for certain activities (previously discussed here, here, here, here, and here), including activities that pose unusually hazardous risk, and serves as a reminder to contractors engaged in such activities to request that such indemnification clauses be included in their contracts when appropriate.

Insights

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....