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Section 809 Panel Releases Volume 1 Report and Recommendations

Client Alert | 1 min read | 02.06.18

In the FY2016 NDAA, Congress created the “Section 809 Panel” to review and streamline DoD acquisition regulations to “improv[e] the efficiency and effectiveness of the defense acquisition process and maintain defense technology advantage.” On January 31, the Panel released its Volume 1 Report, which includes recommendations on a number of topics, such as commercial buying, contract compliance and audit, defense business systems, and services and small business contracting. (The Panel’s Volume 2 and 3 Reports will be released in June 2018 and January 2019, respectively.)

   


Many of the Panel’s recommendations are deep in the legislative and regulatory weeds, but could have far reaching effects—e.g., implementing a single definition of “subcontractor” to replace the 27 different definitions currently scattered throughout various statutes and regulations; bifurcating commercial items into commercial products and commercial services; etc. The full Volume 1 Report is worth a read for those interested in (and impacted by) DoD acquisition reform.


We will also be providing further analysis on our blog in the coming weeks.

Insights

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....