Health Care Contracts
Alston & Bird has one of the largest health care practices in the country, from legislative and public policy to regulatory, litigation, and False Claims Act enforcement and defense. We represent some of the largest and most sophisticated providers, hospitals, insurers, and technology companies in the health care industry. Government contracts and health care intersect in many different ways, whether it is Medicare or state contracts under Medicaid or the Children’s Health Insurance Program (CHIP), or when the government is securing health care for its employees or its charges, such as for current and former servicemembers through the Department of Veterans Affairs or Department of Defense’s Tricare Management Authority. Our Government Contracts team concentrates in that intersection between health care and government contracting. Representative matters include:
- Serving as national coordinating counsel for one of the nation’s largest health care insurers on state Medicaid and CHIP bid protests and open records litigation matters. Our role includes advising on pending RFPs, preparing for, pursuing, or defending bid protests (as awardee/intervenor or as an unsuccessful offeror), addressing the protection of trade secrets, and acting as lead counsel on litigation as needed. Won a sustained protest by the Commonwealth Court of Pennsylvania in an en banc appeal that resulted in the client’s retention of its Medicaid contracts in Pennsylvania’s $13 billion program.
- Represented a provider of online medical information and support services in the negotiation, execution, and performance of a contract with the Department of Defense.
- Represented a major health insurer/administrator in a protest of the award of a large regional city-employee third-party-administrator contract.
- Represented a national insurer in a challenge to a state agency’s decision to reopen competition for a state Medicaid contract.
- Represented a major health insurer in a breach-of-contract claim and related claims by competitors arising out of the beneficiary assignment process for a state Medicaid contract.
- Prosecuted and settled a claim involving a billing dispute with the Department of Veterans Affairs on behalf of a medical transcription contractor.
- Advised a world-renowned research hospital on its obligations under a grant agreement with the Department of Health and Human Services for the construction of a new education and conference center.
- Advised a major medical technology company in its contracts with the Department of Defense Tricare Management Authority, particularly on compliance obligations and organizational conflicts of interest regulations.
- Advised a health care IT consultant in subcontract negotiations with Medicaid and Medicare prime contractors.
- Defended a medical transcription contractor against a U.S. Department of Justice civil investigation of a potential False Claims Act claim related to overbilling of services.
- Represented a major health provider in its evaluation of state CHIP invitations to negotiate in Florida.
- Represented an awardee of a Medicaid contract in a challenge to prevent a state’s unlawful disclosure of our client’s proprietary information contained in its winning proposal.
- Represented a national health plan in its pursuit of a state Medicaid managed-care contract and protection of our client’s trade secrets.
- Representing a manufacturer of medical products in a pre-award GSA inspector general audit of its offer for a VA multiple-award schedule contract.