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No Recovery Under EAJA for Employee’s Costs Working on an Appeal

Client Alert | less than 1 min read | 02.28.20

In GSI & Whitesell-Green JV (Jan. 30, 2020), the Armed Services Board of Contract Appeals denied a contractor’s request for Equal Access to Justice Act fees that reflected its employees’ costs of supporting the entitlement appeal.  The Board rejected the contractor’s argument that its employees’ costs were similar to attorney’s fees finding support in Fanning Phillips, Molnar v. West, 160 F.3d 717 (Fed. Cir. 1998), which held that EAJA did not cover costs related to a contractor employees’ “personal absence from a business” or “other expenses” or “time spent [as] an ‘expert witness.’”

Insights

Client Alert | 7 min read | 08.19.26

CMS’s Final Rule Bans Federal Medicaid Funding for Youth Gender-Affirming Care

On August 13, 2026, the Centers for Medicare and Medicaid Services (CMS) published its final rule banning the use of federal funds — through Medicaid and the Children’s Health Insurance Program (CHIP) — to pay for gender-affirming care for children and youth. The final rule takes effect October 13, 2026 (“Prohibition on Federal Medicaid and Children's Health Insurance Program Funding for Sex-Rejecting Procedures Furnished to Children”). While CMS finalized several key elements of its late-2025 proposed rule (Client Alert December 24, 2025), the proposed Medicare hospital Condition of Participation rule remains in proposed form....