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Court Of Federal Claims Examines Contracting Authority

Client Alert | less than 1 min read | 03.05.08

Following a recent Federal Circuit decision, Winter v. Cath-Dr/Balti Joint Venture (Aug. 17, 2007), which held that a contractor cannot rely on a government agent's implied authority when the contract "explicitly and exclusively" assigns the particular function to the CO, the Court of Federal Claims reaffirmed the viability of implied authority in Stevens Van Lines v. U.S. (Jan. 23, 2008). In Stevens, Senior Judge Smith held that a government official has implied authority to bind the government when "such authority is considered to be an integral part of the duties assigned" to that employee and when the power to contract is "appropriate or essential" to the performance of the employee's duties.

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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. ...