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June 8 FAC Confirms FAR Changes

Client Alert | 1 min read | 06.09.05

FAC 2005-04, published on June 8, 2005 (70 Fed. Reg. 33654-33677), either adopts interim rules previously promulgated or makes relatively minor changes to existing rules concerning allowability of deferred compensation and post-retirement benefit costs, SDB and HUBZone evaluation preferences, Davis-Bacon Act application, telecommuting by federal contractors, incentives for performance-based contracting for services, and use of labor standards on construction contracts. The principal substantive changes in the FAC are the elimination of the commercial pricing exemption for noncommercial modifications to commercial items exceeding the greater of $500,000 or 5 percent of the total contract price (applicable only to contracts with DoD, NASA, or the Coast Guard) and complex changes to the rules concerning recognition of gains and losses and allowable rental costs in connection with sales and leaseback transactions that should be considered in planning such transactions.

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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. ...