Skip to content

Menu

ChannelsPublishersSubscribe
LexBlog, Inc. logo
LexBlog, Inc. logo
ProductsSub-MenuBlogsPortalsTwentySyndicationMicrositesResource Center
Join
Search
Close
Join the Movement. Blog 4 Good

COFC Rejects Government Motion to Dismiss ACA “Risk Corridors” Case

By Steve McBrady, Christopher Flynn, A. Xavier Baker, Joseph Miller, Sharmistha Das & Daniel W. Wolff
January 12, 2017
EmailTweetLikeLinkedIn

In a recent decision, the Court of Federal Claims rejected the Government’s motion to dismiss a lawsuit filed under the Tucker Act seeking to recover “risk corridors” payments pursuant to §1342 of the Affordable Care Act. In Health Republic Insurance Co. v. U.S. (Jan. 10, 2017), the Court held that “HHS is required to make annual risk corridors payments to eligible qualified health plans” under the ACA, and that the “plaintiff’s claim for unpaid risk corridors payments is ripe for adjudication.” The Court – which based its decision on several factors, including the risk corridors program’s purpose of stabilizing insurance premiums in the health insurance marketplace – also held that even if the ACA were ambiguous and the court were to apply a Chevron deference analysis, HHS has interpreted the program to require annual payments, and the agency’s own actions (i.e., making partial annual payments) indicate it believes the program is annual in nature.

Photo of Steve McBrady Steve McBrady
Read more about Steve McBradyEmail
Photo of Christopher Flynn Christopher Flynn

Chris Flynn is a partner in Crowell & Moring’s Washington, D.C. office and is co-chair of the firm’s Health Care Group. Chris focuses his practice on complex commercial litigation before federal and state courts, administrative agencies and arbitral forums. Chris regularly represents HMOs…

Chris Flynn is a partner in Crowell & Moring’s Washington, D.C. office and is co-chair of the firm’s Health Care Group. Chris focuses his practice on complex commercial litigation before federal and state courts, administrative agencies and arbitral forums. Chris regularly represents HMOs, PPOs, IPAs, TPAs, health benefit plans, fiscal intermediaries, managed behavioral healthcare organizations, plan sponsors and health care industry associations in various litigation, investigations, and regulatory matters.

Read more about Christopher FlynnEmail
Show more Show less
Photo of A. Xavier Baker A. Xavier Baker

Xavier Baker is a partner in Crowell & Moring’s Health Care Group and is located in the Washington, D.C. office. He advises clients on health care insurance and managed care regulations, investigations, transactions, and litigation. He counsels national and regional health insurers, pharmacy…

Xavier Baker is a partner in Crowell & Moring’s Health Care Group and is located in the Washington, D.C. office. He advises clients on health care insurance and managed care regulations, investigations, transactions, and litigation. He counsels national and regional health insurers, pharmacy benefit managers, care coordination organizations, and other specialty health care service providers and trade associations on complex regulatory issues.

Read more about A. Xavier BakerEmail
Show more Show less
Photo of Daniel W. Wolff Daniel W. Wolff
Read more about Daniel W. WolffEmail
  • Posted in:
    Administrative, Corporate Compliance
  • Blog:
    Government Contracts Legal Forum
  • Organization:
    Crowell & Moring LLP
  • Article: View Original Source

Stay Connected

Facebook LinkedIn Twitter RSS
Real Lawyers

Company

  • About LexBlog
  • Careers
  • Press
  • Contact LexBlog
  • Privacy Policy
  • Editorial Policy
  • Disclaimer
  • Terms of Service
  • RSS Terms of Service

Products

  • Products
  • Blogs
  • Portals
  • Twenty
  • Syndication
  • Microsites

Support

  • 1-800-913-0988
  • Submit a Request
  • Support Center
  • System Status
  • Resource Center

New to the Network

  • Redefined Blog
  • Global Trade Law Blog
  • The Quick Take
  • Consumer Privacy World
  • Energy Law Report
Copyright © 2021, LexBlog, Inc. All Rights Reserved.
Powered By LexBlog