American Bar Association
 
Section of Public Contract Law: HEALTH CARE CONTRACTING
ABA Section of Public Contract Law

Section of Public Contract Law:
HEALTH CARE CONTRACTING


Welcome



Thank you for visiting the ABA Health Care Contracting Committee. The Committee reviews public contract law issues related to health care law and monitors the progress of legislative efforts to reform the health care system, as it relates to procurement law. For information about the committee, contact any of the Co-Chairs listed below.


Connie Wilkinson, Lorraine Campos, Dan Graham, Bob Huffman


In the News



Everywhere you look, government health care is in the news, but what events directly affect government contractors? Check here for news and events pertinent to health care contractors working in the public sector.

(July 2013) DC Circuit Allows HHS to Delegate Overpayment Extrapolations to Contractors. The DC Circuit holds that Medicare contractors may decide when to use statistical sampling to estimate a health care provider's allegedly improper reimbursements, rejecting arguments by one such provider that the law mandates such determinations be made only by HHS. (A copy of the Opinion has also been uploaded to the Minutes and Other Documents section of the website.)

(July 2013) HHS OIG Releases Online Provider Self-Disclosure Form. On July 8, 2013 HHS OIG launched an online form for individuals or entities who wish to voluntarily self-report potential cases of fraud involving federal health care programs. See https://forms.oig.hhs.gov/selfdisclosure/Self-Disc-Form-Protocol.aspx. The online form is a follow-on to HHS OIG's updated self-disclosure protocol (released April 2013) that includes “guidance on how to investigate this conduct, quantify damages, and report the conduct to OIG to resolve the provider's liability under OIG's civil monetary penalty (CMP) authorities.” See https://oig.hhs.gov/compliance/self-disclosure-info/index.asp. (A copy of this 2013 self-disclosure protocol has also been uploaded to the Minutes and Other Documents section of the website.)

(July 2013) HHS OIG Issues Opinion on Bundled Discounts. HHS OIG issued an advisory opinion providing guidance and clarification regarding the Federal anti-kickback statute's discount safe harbor, and in particular "bundled discounts", as applied to device and pharmaceutical manufacturers. See Adv. Opinion 13-07 at https://oig.hhs.gov/compliance/advisory-opinions/#2013. (A copy of this Advisory Opinion has also been uploaded to the Minutes and Other Documents section of the website.)

(July 2013) CMS Medicare Contractor Satisfaction Indicator Goes Live. CMS introduces the Medicare Contractor Satisfaction Indicator ("MSI") to measure provider satisfaction with the Medicare Administrative Contractors ("MACs") who process their claims. MSI results will be used in CMS's oversight of its MACs and will factor into future MAC incentive plans. For additional information see: http://www.cms.gov/Medicare/Medicare-Contracting/MSI/Overview.html


Save the Date



October 22-23, 2013

For the ABA Section of Public Contract Law

6th Biennial Federal Drug Pricing Conference

Evolution of Contracting and Pricing Requirements for

Drugs and Devices Under the

VA’s Federal Supply Schedule Contracts

As in years past, this program is designed to provide information critical to manufacturers of pharmaceuticals and medical devices on the array of ever-changing requirements, issues, and nuances presented by the VA Federal Supply Schedule Program. The scope of the sessions ranges from the government drug pricing calculations to government contract compliance issues.

A highly focused group of government representatives, industry leaders, and lawyers and consultants who are subject matter experts are well positioned to provide a comprehensive in-depth program that will prove to be useful to pricing, legal, and compliance teams, as well as those managing those functions. Further, we will provide guidance on trends, best-practices and thoughts on how to operate successfully in this highly regulated environment.

Among other topics, we will cover:

  • The Veterans Heath Care Act and a Short Introduction to the FSS Program
  • Basic and Advanced Non-FAMP and FCP Calculation Issues — The Good, the Bad and the Difficult
  • Audits and Mandatory Disclosures — What Does the VA OIG expect, what other companies are doing, and how one can be better prepared
  • Trade Agreements Act (TAA) challenges for the Pharmaceutical and Medical Device Industry — API, Substantial Transformation, and US Customs Rulings
  • TRICARE and the FSS Contract — Summary of the past and current state
  • Critical Elements of Government Contract Clauses — Compliance is not optional!

WHEN: October 22-23, 2013

WHERE: Sheraton Pentagon City (Starwood)

900 S. Orme Street

Arlington, VA 22204

For more information, please contact Marilyn Neforas at 312-988-5596 or marilyn.neforas@americanbar.org


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Leadership



Co-Chairs:  Lorraine Mullings Campos, Daniel P Graham, Robert K Huffman, Constance A Wilkinson

Vice-Chairs:  Susan Sisskind Dunne, Stephanie Pontzer Gilson, David C Hammond, Kathryn Swisher Henderson, John G Horan, Dorthula Powell-Woodson, Allison D Pugsley, Stephen Emory Ruscus, Henry J Schweiter, Joy E Sturm, Kristin Brooke Szkrybalo, Anthony P Underwood, Donna Lee Yesner

Committee Roster (106 total members)


Programs



Section Events
April 24, 2014 - April 27, 2014
Grove Park Inn
Asheville,
NC
Format: Live/In-Person

May 22, 2014
Location: N/A
Format: Webinar/Teleconference

June 4, 2014 - June 6, 2014
Park Hyatt Hotel
Washington,
DC
Format: Live/In-Person

Minutes and Other Documents



Gentiva Healthcare Corp vs. K. Sebelius, US Dept. of HHS
April 2013 HHS OIG Self-Disclosure Protocol
HHS OIG Advisory Opinion 13-07
Tricare Retail Pharmacy Draft Agreement
Meeting Minutes Feb 26, 2009

Modified by Rachel Ann Alexander on July 30, 2013

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