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ASBCA's FY18 Report – a Look at the Numbers

Client Alert | less than 1 min read | 10.18.18

The Armed Services Board of Contract Appeals published its FY18 Report of Transactions and Proceedings, which provides statistics regarding the adjudication of appeals between contractors and the Army, Navy, Air Force, Corps of Engineers, DLA, DCMA, CIA, NASA, other Defense agencies, and the Washington Metropolitan Area Transit Authority. According to this year's report, appellants prevailed, in whole or in part, in 69 percent of the appeals decided on the merits, a notable increase from the past several years. As usual, the Board had a high success rate in resolving matters via alternative dispute resolution (ADR), successfully resolving 85 percent of ADRs concluded in FY18 – including binding arbitration, non-binding mediation, and ADR of undocketed appeals.

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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. ...