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ASBCA's FY2022 Report – A Look at the Numbers

Client Alert | 1 min read | 11.09.22

On November 1, 2022, the Armed Services Board of Contract Appeals (ASBCA) published its FY 2022 Report of Transactions and Proceedings, which provides statistics regarding the adjudication of appeals between contractors and the Army, Navy, Air Force, Corps of Engineers, Central Intelligence Agency, National Aeronautics and Space Administration, Defense Logistics Agency, Defense Contract Management Agency, and other Defense agencies, Non-Appropriated Fund Instrumentalities, and the Washington Metropolitan Area Transit Authority.

According to this year’s report, contractors prevailed in 71% of the appeals decided on the merits, up from a steady 53% in both 2020 and 2021.  The Report also indicates that, as usual, the Board had a high success rate in resolving matters via alternative dispute resolution (ADR).  Of the cases that went through non-binding ADR, 97% were resolved successfully—including mediation, arbitration, and ADR of undocketed appeals.  The uptick in successful contractor appeals is encouraging, but these statistics also serve as a reminder that the Board’s ADR program remains an important tool to successfully resolve disputes at the ASBCA.

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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....