Stuart M. Gerson, a Member of the Firm in the Litigation and Health Care and Life Sciences practices, in the firm’s Washington, DC, office, was quoted in Bloomberg BNA Health Care Daily Report, in “Oracle Seeks Help from HHS in Oregon Exchange Dispute,” by Matthew Loughran. A version of this article also appeared on Bloomberg BNA Health Care Blog.
Following is an excerpt:
“Mandamus is an extraordinary remedy, but in this case there is no private right of action under any of the relevant statutes so Oracle is likely bringing this suit as a way of forcing the secretary of the HHS to do her duty to investigate the use of the federal grant money,” he told Bloomberg BNA.
Gerson, who is not involved in the litigation, added that the other state exchange failures could result in similar acrimony between states and the contractors.