False Claims Act

The United States Justice Department recently disclosed that the large health insurance company Humana Inc. is under investigation for potentially defrauding Medicare. The Justice Department is currently examining the U.S. False Claims Act (FCA) violation of three companies alleged with committing Medicare fraud including Aetna Inc., Health Net Inc., and Bravo Health Inc. which is a division of Cigna Corp. A Humana spokesperson said in an emailed statement that the company has publicly disclosed it was part of an investigation by the United

Recovering from the Government for Negligent Estimates

Are Agencies Responsible for Their Negligent Estimates? Recently, the U.S. Court of Appeals ruled in favor of Agility Defense and Government Services, Inc.’s claim under the Negligent Estimates Theory in government contracting.  In Agility Defense & Government Services, Inc v. U.S., a contractor, Agility Defense, bid on and won a contract to dispose of surplus military property for the Defense Reutilization and Marketing Service (DRMS), a department within DLA (Defense Logistics Agency).  Historically, the DRMS had run their own reutilization, demilitarization, and reduction

Kingdomware Technologies v. United States Pulled off SCOTUS Calendar

Kingdomware Technologies v. United States The U.S. Supreme Court (SCOTUS) was scheduled to hear oral arguments on Kingdomware Technologies v. United States on September 9 in a case involving whether the Department of Veterans Affairs (VA) must prioritize service-disabled veteran-owned small businesses (“SDVOSBs”) when it buys supplies and services. The case has been withdrawn from the calendar and both sides are required to prepare briefs filed regarding whether the case is now “moot” as the source of the underlying controversy has ended

Medicare Penalties Hospitals Face

How to protect your medical facility from hefty Medicare Penalties A recent healthcare news article out of North Carolina highlighted hefty Medicare penalties that local hospitals may be facing.   Though the article only discusses local institutions, the issues illuminated are faced by hospitals across the country as the roll-out of the Affordable Care Act continues. Hospitals Ranked by Medicare Sixteen hospitals in North Carolina, including UNC Chapel Hill Hospitals, and over 750 nationwide have been flagged by Medicare as the

CVE SDVOSB Denial – Challenging in Federal Court

Challenging a CVE SDVOSB denial in pre-award contest In KWV, Inc. v. United States, a disappointed bidder filed a pre-award bid protest of the CVE’s denial  of  their SDVOSB status.  In that case,  the US Court of Federal Claims found the CVE’s reliance on the Veteran applicant’s residency alone was “arbitrary and capricious” and not in accordance with VA’s regulations.  KWV, Inc. v. United States, 111 Fed. Cl. 119, 127 (Fed. Cl. 2013).  In deciding in the Veteran’s favor, the Court indicated that