Thursday, June 22, 2023

What's More Dull than NCCI Coding Edits? A Lawsuit about NCCI Coding Edits.

When entities like CMS MACs lose contracts, it's common that there is at least one round of protests by the losing party (and sometimes, it drags out a long time).

CMS puts out public bids for its National Correct Coding Edits, NCCI.  Turns out there is an active lawsuit around the last round of bidding.   Those who need to know more before they can sleep tonight, can see a public 9 page court document that outlines some of the issues.

Here's an AI summary (don't rely on it):

Based on the information provided in the case, here is a summary of the key issues, the parties involved, the current decision, and the next steps:

Key Issues:

The key issue in this case is the eligibility of the awardee, Cloud Harbor Economics, LLC ("Cloud Harbor"), for a contract with the Department of Health and Human Services, Centers for Medicare & Medicaid Services. The plaintiff, Myriddian, LLC ("Myriddian"), filed a motion for a preliminary injunction, arguing that Cloud Harbor failed to meet the mandatory requirement of the solicitation clause FAR 52.204-7, which pertains to registration in the System for Award Management (SAM).

Parties Involved:

Plaintiff: Myriddian, LLC

Defendant: The United States

Current Decision:

The court, presided over by Judge Tapp, granted Myriddian's Motion for Preliminary Injunction. The court determined that Cloud Harbor violated the plain language of FAR 52.204-7 by failing to "continue to be registered until time of award." As a result, the court enjoined the United States from proceeding with any contract performance connected to the solicitation in question.

Next Steps:

The case will continue to progress, and the parties will need to proceed with the current briefing schedule as ordered by the court. They are also required to meet and confer to propose redactions to the court's order by a specified deadline. The next phase of the legal proceedings will involve further arguments and presentation of evidence to determine the final outcome of the bid protest.

It is important to note that this summary is based solely on the information provided in the case excerpt, and for a comprehensive understanding of the case, it is recommended to review the full 9-page case document.