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Plain Meaning Of Statute Restricts Competition

Client Alert | 1 min read | 02.02.06

In Crane & Co. (Jan. 18, 2006, http://www.gao.gov/decisions/bidpro/297398.pdf), GAO held that the plain language of a 1916 statute limiting to four years contracts for “distinctive currency paper” precluded the Bureau of Engraving and Printing (“BEP”) from encouraging competition by issuing an RFP for four years of production following a two-year “mobilization” period to allow new entrants to make required investments and amortize that investment over the production term of the contract. Recognizing that BEP was attempting to respond to criticisms of the absence of competition, including GAO reports, GAO held it still had to enforce the plain meaning of the statute, anti-competitive as that interpretation was, and the only remedy was for Congress to amend the statute.

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Client Alert | 6 min read | 03.26.24

California Office of Health Care Affordability Notice Requirement for Material Change Transactions Closing on or After April 1, 2024

Starting next week, on April 1st, health care entities in California closing “material change transactions” will be required to notify California’s new Office of Health Care Affordability (“OHCA”) and potentially undergo an extensive review process prior to closing. The new review process will impact a broad range of providers, payers, delivery systems, and pharmacy benefit managers with either a current California footprint or a plan to expand into the California market. While health care service plans in California are already subject to an extensive transaction approval process by the Department of Managed Health Care, other health care entities in California have not been required to file notices of transactions historically, and so the notice requirement will have a significant impact on how health care entities need to structure and close deals in California, and the timing on which closing is permitted to occur....