Education Government Contracting

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Partnering with nonprovider sites: Tips to keep in mind

Provided applicable requirements are met, the Medicare program reimburses teaching hospitals for resident training that occurs both at the hospital itself and at clinical nonprovider locations, including, for example,...more

A School Facilities Bond For 2016: Good News For Everyone

Over the last 15 years, California’s population has grown by approximately 5 million people—the same number filling the entire state of Colorado. This influx has created a housing shortage that the California market has...more

Education Management Corporation Settles Significant FCA Claims

Education Management Corporation (EDMC), a Pittsburgh-based company that operates for-profit educational institutions, has agreed to pay $96 million in what attorneys involved in the case claim to be the largest settlement...more

When You Think About the FCPA, Think About the Cell [Video]

A short and engaging video on the consequences of decision making, and to "think before you act." A good watch for those on the front-lines of international business who might be home for holidays. This video was provided...more

Regents’ Approval Authorizes UC Merced 2020 Project to Move Forward

The Regents of the University of California (the “Regents”) approved the commercial terms of the P3 agreement for the UC Merced 2020 Project (the “Project”) on Thursday, November 19, 2015 at the Regents meeting held in San...more

It’s (Not) Academic: Cybersecurity Is a Must for Universities and Academic Medical Centers

Cutting-edge research institutions need cutting-edge cybersecurity to protect their IP and critical personal and financial data. Universities hold vast repositories of valuable information, including student healthcare...more

DOJ Settles with For-Profit Education Company Over Alleged FCA Violations

On November 16, the DOJ announced a $95.5 million settlement with the country’s second-largest for-profit education company to resolve alleged federal and state violations of the False Claims Act (FCA). According to the DOJ’s...more

Limitations of Labor Negotiations Exception to Brown Act - Does Not Include Negotiation of a Project Labor Agreement When the...

The labor negotiations exception to the open-meeting requirements of the Ralph M. Brown Act does not permit a community college district’s governing board to meet in closed session to discuss the negotiation of a project...more

Beau Biden Child Protection Act: Implications for Charter School Contractors and Volunteers

The recently-enacted Beau Biden Child Protection Act requires all child-serving entities, including Delaware charter schools, to obtain certain background checks for all prospective employees, as well as prospective...more

Alert: New Proposal Offers Limited Access to Federal Student Aid for Alternative Providers

On October 15, 2015, the US Department of Education ("ED") issued a long-awaited notice announcing an "Experimental Sites Initiative" ("ESI") to permit limited access to federal loan and grant programs for students enrolled...more

Uncovering the mysteries behind GME payments for Medicare Advantage patients: Carve-outs and shadow bills

Medicare makes graduate medical education (GME) payments to teaching hospitals to pay Medicare's share of the teaching and patient care costs associated with Medicare Advantage (MA) patients. Under the Balanced Budget Act...more

Medicare GME payments and hospital mergers: A hotbed of issues

Many hospital sale and affiliation transactions involve teaching hospitals. Whether the teaching hospital involved is new to training residents or is part of a long-established teaching program, the parties will need to work...more

Tragic Death Focuses Attention on Campus Police

While the nation’s attention has been focused on incidents involving the use of lethal force by local police—and ensuing racial and community unrest, protest, and violence—recent incidents involving campus police highlight...more

For-Profit Educator Settles FCA Allegations of Issuing Fake Diplomas to Tap Federal Funds

For-profit education company Education Affiliates (EA) paid $13 million to the federal government in June to settle multiple False Claims Act (FCA) suits involving alleged fake test scores, bogus diplomas, and falsified...more

D.C. Circuit Determines that Physical Possession of Medicare Records Not Required in Implied-Certification Claim Against the...

On Friday, the U.S. Court of Appeals for the District of Columbia Circuit reversed a district court’s grant of summary judgment in favor of a relator based on the district court’s finding of a violation of the False Claims...more

Seventh Circuit Rejects Implied Certification Theory of FCA Liability

Deepening a circuit split, the Seventh Circuit has joined the Fifth Circuit in rejecting the implied false certification theory of liability under the FCA. United States v. Sanford-Brown, Ltd., No. 14-2506 (7th Cir., June 8,...more

Construction Corner: Design-Build Project Delivery

In the case of a design-build project, the owner enters into a single contract with a design-builder for both design and construction services. This is unlike Design-Bid-Build (“DBB”) and Construction Manager at Risk project...more

D.C. Circuit Interprets the First-to-File Rule Narrowly

A decision this week from the D.C. Circuit shed light on three important issues. United States ex rel. Heath v. AT&T, Inc., No. 14-7094 (D.C. Cir. June 23, 2015). In 2008, the appellant, Todd Heath, filed an FCA qui tam...more

Seventh Circuit Rejects FCA Implied False Certification Theory

On June 8, 2015, the U.S. Court of Appeals for the Seventh Circuit rejected the doctrine of implied false certification in a False Claims Act (“FCA”) lawsuit, U.S. ex rel. Nelson v. Sanford-Brown Ltd. No. 14-2506, 2015 WL...more

Construction Corner: Identifying the Need for a Construction Manager for Your School Construction Project

Now that we have reviewed the necessary steps for a successful solicitation process for a design professional, we will focus on the role a construction manager may play and offer suggestions on how to identify whether or not...more

Construction Corner: Preparing RFQs and RFPs for Design Services for Your School Construction Project

Last week, we discussed the requirements of the selection process for the architect of a state-assisted school construction project as well as the importance of procurement protocols for all projects regardless of the source...more

Construction Corner: Selecting an Architect for Your School Construction Project

Last week, we discussed the importance of evaluating the capabilities of your initial project team to assess the need for a third party project manager. This week we will focus on selecting the architect who will best serve...more

University of California Issues Draft RFP for UC Merced 2020 Project

The Regents of the University of California, on behalf of the University of California, Merced, issued a draft Request for Proposals (RFP) for the UC Merced 2020 Project on May 7, 2015. The draft RFP was provided to the...more

DRM Legislative Update - February 2015

In This Issue: - Determination First, Details to Follow - Committee Approves State False Claims Act - Rent-to-Own Legislation Substantially Modified - Senate Judiciary Considers Limit on Building...more

ERISA: Sometimes A Government Employee’s Benefits Could Be Governed By ERISA?

You already know that employee benefit plans established by governmental entities are exempt from ERISA. But ERISA might apply if the employee benefit for the government employee is established through an association....more

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