UnitedHealthcare of PA, Inc. v. DHS

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.

We also note that United intervened in Gateway Health Plan.

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