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Congressional Investigation of Pharmacy Rebates on Medicaid Drugs

Client Alert | less than 1 min read | 01.16.04

The House Energy and Commerce Committee and its Subcommittee on Oversight and Investigations have asked five large retail pharmacy chains for documents on pharmaceutical reimbursements and rebates under Medicaid. The committee is concerned that drug manufacturers may have been engaged in improper "marketing of the spread," to the detriment of state Medicaid programs. The letters expressed concern that drug manufacturers could be charging low prices on particular prescription medications to their customers, while submitting inaccurate or incomplete cost or price information that becomes the basis of state Medicaid reimbursement for the drug at much higher prices. The January 14th letters were sent to CVS, Eckerd, Rite Aid, Walgreen, and Wal-Mart.

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Client Alert | 3 min read | 07.10.26

Federal Circuit Clarifies Application of Blue & Gold: Proposal Submission Deadline, Not Award, is the Operative Time for Filing

In Utech, Inc. v. United States, No. 24-1586 (Fed. Cir. June 24, 2026), the U.S. Court of Appeals for the Federal Circuit clarified that in most cases, a pre-award protest must be filed before the proposal submission deadline to avoid the Blue & Gold waiver rule.  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal submission deadline....