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NAFI Or Not, Contractors Can Sign Away Their Right To Appeal

Client Alert | less than 1 min read | 03.16.12

In The Minesen Co. v. McHugh (Mar. 2, 2012), a majority panel of the Federal Circuit held that the contractor had waived its right to appeal by agreeing to the contract’s disputes clause, which stated that ASBCA decisions were final “and are not subject to further appeal.” While this decision involved a contract with a NAFI, the majority decided the issue by assuming the Contract Disputes Act applied, and so its reasoning would seem to apply to any contract with similar language.

Insights

Client Alert | 6 min read | 04.29.26

CMS Seeks to Expand Interoperability Requirements to Drug Pre-Authorization (FAQ)

On April 10, 2026, the Centers for Medicare and Medicaid Services (CMS) issued a proposed rule (2026 CMS Interoperability Standards and Prior Authorization for Drugs, or CMS-0062-P) outlining the agency’s plans to impose new interoperability requirements on payors participating in certain Medicare and Medicaid programs. As described by the agency in a recent press release, the proposed rule “builds on” prior rulemaking by clarifying and enhancing interoperability requirements for payors’ prior authorization processes, specifically those associated with coverage requests for pharmaceutical therapies....