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CFC Rejects Yet Another Government Argument to Extend CDA Statute of Limitations

Client Alert | 1 min read | 08.15.12

In yet another recent CDA statute of limitations decision, the Court of Federal Claims in Raytheon Company v. United States (July 26, 2012) denied the government's motion for reconsideration of its April 2012 decision holding that the CO's final decision was barred by the six-year SOL. In its motion, the government argued that it was entitled by FAR 31.201-2 to complete an audit before the SOL could begin to run, but the CFC rejected that argument, holding that "the statute of limitations begins to run when information that equates to knowledge of a potential claim becomes available to the Government" and that under this standard the government was "on notice" of a potential claim against the contractor based on information it obtained when it entered into an advance agreement with Raytheon in 1999 about the costs at issue.


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Client Alert | 5 min read | 04.23.26

CMS Proposes New Payment Policy for IOPOs and HCLs

In keeping with ongoing efforts to intensify regulatory oversight of organ procurement organizations (OPOs) and curtail improper spending within federal health programs, the Centers for Medicare & Medicaid Services (CMS) recently issued a proposed rule that would, among other adjustments, align Medicare payment policies for non-renal organs to be consistent with those currently applicable to kidneys. If enacted as drafted, this latest rule could have a direct impact on the financial stability of OPOs and histocompatibility laboratories (HCL) at a time when such organizations face increasing pressure to meet CMS’s new outcome measures — or else face non-renewal or decertification later this year. ...