UnitedHealthcare v. DHS - Procurement Bid Protest

PA Commonwealth Court

Filed April 2nd, 2026

Detected April 3rd, 2026

Summary

The Commonwealth Court of Pennsylvania reversed the Department of Human Services' denial of UnitedHealthcare's bid protest regarding RFA No. 31-22 for the Community HealthChoices managed care procurement. The court cancelled the procurement award, finding DHS failed to follow proper solicitation requirements and procurement laws. This decision consolidates with a similar case involving Gateway Health Plan.

View original document View source feed page

What changed

The Commonwealth Court of Pennsylvania reversed the DHS Designee's January 27, 2025 determination that denied UnitedHealthcare's bid protest concerning Request for Application No. 31-22 for the Community HealthChoices managed care program. The court cancelled the award, finding DHS failed to follow the law and solicitation requirements, and that the integrity of the procurement process was compromised. Case No. 178 C.D. 2025 was argued on October 9, 2025.

DHS must now address the cancelled award and likely restart the procurement process. Other managed care organizations should review their protest rights and consider whether similar challenges apply to their procurement situations. The consolidated Gateway Health Plan case was decided contemporaneously with consistent reasoning, establishing precedent for how Pennsylvania DHS must conduct healthcare procurement.

What to do next

Review procurement protest procedures for state healthcare contracts
Assess whether similar challenges apply to other DHS managed care procurements
Monitor for DHS response and potential re-procurement actions

Source document (simplified)

Support FLP

CourtListener is a project of Free
Law Project, a federally-recognized 501(c)(3) non-profit. Members help support our work and get special access to features.

Please become a member today.

Join Free.law Now

April 2, 2026 Get Citation Alerts Download PDF Add Note

UnitedHealthcare of PA, Inc. v. DHS

Commonwealth Court of Pennsylvania

Citations: None known
Docket Number: 178 C.D. 2025
Precedential Status: Non-Precedential
Judges: Wojcik
Opinion
Authorities (0)
Cited By (0)
Summaries (0)
Similar Cases (0)
PDF

Lead Opinion

                        by Wojcik

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

UnitedHealthcare of Pennsylvania, Inc., :
:
Petitioner :
:
v. : No. 178 C.D. 2025
: Argued: October 9, 2025
Department of Human Services, :
:
Respondent :

BEFORE: HONORABLE MICHAEL H. WOJCIK, Judge
HONORABLE LORI A. DUMAS, Judge
HONORABLE STACY WALLACE, Judge

OPINION NOT REPORTED

MEMORANDUM OPINION
BY JUDGE WOJCIK FILED: April 2, 2026

UnitedHealthcare of Pennsylvania, Inc. (United) petitions for review of
the final determination of the Designee (Designee) for the Secretary of the
Pennsylvania Department of Human Services (DHS), dated January 27, 2025
(Determination), denying United’s bid protest related to the Request for Application
No. 31-22 (RFA) for the Community HealthChoices (CHC) managed care
procurement and associated award. United challenges the integrity and legality of
DHS’s procurement process and claims that DHS failed to follow the law and
solicitation requirements. Separate but similar petitions for review were filed and
consolidated in Gateway Health Plan, Inc. d/b/a/ Highmark Wholecare v.
Department of Human Services (Pa. Cmwlth., Nos. 147 & 526 C.D. 2025, filed April
2, 2026) (Gateway Health Plan). These matters were argued seriately and are being
decided contemporaneously and consistently with each other.1 For the reasons set
forth in Gateway Health Plan, we reverse the Determination and cancel the award
of the RFA.

MICHAEL H. WOJCIK, Judge

President Judge Cohn Jubelirer did not participate in the decision of this case.
Judge Fizzano Cannon did not participate in the decision of this case.

1
We also note that United intervened in Gateway Health Plan.
2
IN THE COMMONWEALTH COURT OF PENNSYLVANIA

UnitedHealthcare of Pennsylvania, Inc., :
:
Petitioner :
:
v. : No. 178 C.D. 2025
:
Department of Human Services, :
:
Respondent :

ORDER

AND NOW, this 2nd day of April, 2026, the final determination of the
Designee for the Secretary of the Pennsylvania Department of Human Services,
dated January 27, 2025, denying Petitioner’s bid protest is REVERSED, and the
award of the Request for Application No. 31-22 is CANCELLED.

MICHAEL H. WOJCIK, Judge