Department of Veterans Affairs

News & Analysis as of

Veterans Affairs to Permit Acquisition of Non-TAA-Compliant Drugs

In a significant policy reversal, the Department of Veterans Affairs (VA) has announced that it will require all covered drugs under the Veterans Health Care Act (VHCA) to be offered on Federal Supply Schedule (FSS)...more

A&B Healthcare Week in Review

I. REGULATIONS, NOTICES, & GUIDANCE - On April 4, 2016, the Centers for Medicare & Medicaid Services (CMS) issued the Final Calendar Year (CY) 2017 Medicare Advantage Capitation Rates and Medicare Advantage (MA) and...more

A&B Healthcare Week in Review

I. REGULATIONS, NOTICES, & GUIDANCE - On March 15, 2016, the Centers for Disease Control and Prevention (CDC) issued voluntary guidelines entitled, “CDC Guidelines for Prescribing Opioids for Chronic Pain — United...more

Telehealth and Medicare: MedPAC Presents Updated Research to the Commission

The status of expanded federal telehealth reimbursement remains uncertain. Continuing an ongoing national policy conversation, the Medicare Payment Advisory Commission (MedPAC) held its second meeting on March 3, 2016, under...more

A&B Healthcare Week in Review

I. REGULATIONS, NOTICES, & GUIDANCE - On March 8, 2016, the Centers for Medicare and Medicaid Services (CMS) issued a proposed rule entitled, “Medicare Program; Part B Drug Payment Model.” The proposed rule seeks...more

Kingdomware Oral Arguments—Remand to Lower Courts Is a Possibility

“Yeah, it’s a contract,” conceded Department of Justice (“DOJ”) attorney Zachary Tripp during recent oral arguments in Kingdomware Technologies Inc. v. United States. According to Tom Saunders, attorney for Kingdomware, that...more

Inadequate OCR Technology and Policy Result in Few Consequences for Repeat HIPAA Violators

The Office for Civil Rights within the U.S. Department of Health and Human Services (OCR) is the federal agency tasked with enforcing the Health Insurance Portability and Accountability Act (HIPAA). HIPAA, as most folks...more

A&B Healthcare Week in Review - January 2016

On January 5, 2016, the Office of Management and Budget (OMB) received for review a final rule from the Centers for Medicare & Medicaid Services (CMS) entitled Covered Outpatient Drugs (CMS-2345-F). The rule had previously...more

Weekly Update Newsletter - January 2016

GOVERNMENT CONTRACTS - 2016 Adverse Effect Wage Rates - Effective December 22, 2015, the Employment and Training Administration of the Department of Labor (Department) announced the 2016 Adverse Effect Wage Rates...more

Comments on U.S. Department of Veterans Affairs' Proposed Rule to Amend the VA's VOSB Verification Program

Dear Mr. Leney: We are writing to submit comments on the above-referenced Proposed Rule, issued November 6, 2015, 80 Fed. Reg. 68,795, to amend the VA’s VOSB Verification Program. In our practice, we represent many...more

Department of Veterans Affairs Issues Final Rules for Expanded Access to Non-VA Care through the Veterans Choice Program

The Department of Veterans Affairs (VA) recently issued its final rules and regulations for the Veterans Choice Program (VCP), a program established pursuant to the Veterans Access, Choice and Accountability Act of 2014 (the...more

The Deeper Dive: Guarding Against Unrealistic Goals and Organizational Pressures That Can Lead to Compliance Failure

When misconduct occurs within an organization, it is often reported and interpreted as an anecdote involving a few rogue employees who are quickly identified and appropriately disciplined. Misconduct derives, at least in...more

Additional Changes Concerning VOSB/SDVOSB Verification?

It’s been an eventful November for the Federal Government’s VOSB/SDVOSB programs. First, the Department of Veterans Affairs (“VA”) issued a proposed rule outlining changes that would drastically change the manner in which...more

VA Proposes Changes to VOSB/SDVOSB Regulations, Aims for Consistency with COFC Ruling in Cohen Seglias' Miles Construction Case

On November 6, 2015, the VA issued a proposed rule, which could drastically change the way the two eligibility requirements for VOSBs and SDVOSBs are interpreted. The VA explained the changes as follows...more

Improvements Noted in the VA’s CVE Verification Process

A new report by the U.S. Government Accountability Office (GAO) notes measurable improvement in the processes used by the Department of Veterans Affairs (VA) to verify Service-Disabled, Veteran-Owned Small Businesses...more

VA Proposes Significant Changes to Its VOSB/SDVOSB Verification Program

On November 6, the Department of Veterans Affairs (VA) issued a proposed rule amending its regulations governing the VA’s verification program for veteran owned small businesses (VOSBs) and service-disabled veteran owned...more

FTC and VA enter into agreement for investigating educational institutions

The Federal Trade Commission and the Department of Veterans Affairs have signed a “Memorandum of Agreement” (MOA) “to provide mutual assistance in the oversight and enforcement of laws pertaining to advertising, sales, and...more

Federal Appeals Court Wrestles With Definition of “New” Equipment

In Reliable Contracting Group, LLC v. Department of Veterans Affairs, 779 F.3d 1329 (10th Cir. 2015), the Court of Appeals for the 10th Federal Circuit recently interpreted contract terms requiring that equipment installed...more

Kingdomware Vs. the VA: Supreme Court Case to be Dismissed?

If you are already aware of the Kingdomware case, you will likely be surprised to hear that on November 4, 2015, the U.S. Supreme Court issued an order to the parties in the Kingdomware case to submit briefs on whether the...more

Weekly Update Newsletter - November 2015

GOVERNMENT CONTRACTS - Application of the Fair Labor Standards Act to Domestic Service - The Department of Labor (Department) previously announced that it would not bring enforcement actions against any employer for...more

Federal District Court in California Holds that Subcontract Provision Binding Subcontractor to Result of Dispute Resolution under...

DVBE Trucking and Construction Co., Inc. v. McCarthy Building Companies, Inc., 2015 U.S. Dist. LEXIS 90052 (N.D. Cal. July 10, 2015) - This payment dispute case arises out of a Veterans Affairs (“VA”) construction...more

VA OIG reports patient data at risk with vendor

The Department of Veterans Affairs’ Office of Inspector General recently issued a report, following a complaint that the VA Palo Alto Health Care System put veterans’ health information at risk when it allowed personnel of a...more

CFPB and New York Department of Financial Services Sue Pension Loan Companies for Deceptive Marketing

On August 20, the Consumer Financial Protection Bureau (CFPB) and New York Department of Financial Services (NYDFS) jointly filed suit against two pension loan companies and three individual managers for deceptively marketing...more

Congress Overhauls Community-Based Care for Veterans

Facing a shortfall in funding for veterans’ health care, Congress and the President acted swiftly to enact a new law that makes changes to the Veterans Choice Program established last year, which has significant implications...more

Supreme Court to Hear VA Procurement Controversy This Fall

In a matter of keen interest to the small business community, last month the Supreme Court, granted certiorari in Kingdomware Technologies, Inc. v. United States. The Court’s decision will hopefully bring some closure to the...more

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