Will DC Circ. Sidestep Dispute A Decade In The Making?

Law360, New York (September 26, 2014, 10:08 AM EDT) -- The D.C. Circuit heard oral argument on Sept. 22 in UPMC Braddock v. Perez, No. 13-5158, a closely watched case that could have far-reaching effects on the health care industry and beyond. The dispute, which has been wending its way through the administrative and judicial systems for nearly a decade, involves a simple question: Are Federal Employees Health Benefits Plan (FEHBP) network providers “government subcontractors”? Although easily stated, the analysis and resolution of this question is far from straightforward, and the issue has been central to a flurry of litigation and agency action in recent years.

At stake is whether FEHBP...

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