Day Pitney's Bill Goddard was quoted in an article, "U.S. Owes Health Insurance Plans Billions in Risk Corridor Payments, Complaint Says," in BNA's Health Law Reporter. In the article, Goddard discusses Health Republic Ins. Co. v. United States (Fed Cl., No. 16-259, filed 2/24/16), a case brought by an Oregon health insurance co-op. The complaint alleges that the federal government owes unpaid risk corridor payments to insurers, as recently discussed here and here.

The Affordable Care Act (ACA) provided for the government to make payments to insurers pursuant to three different programs designed to compensate them for assuming greater-than-expected risks. Due to funding constraints, only a fraction of the risk corridor payments have been made, and the co-ops' financial losses have forced many of them out of business. Of the 23 co-ops that were established under the ACA, only 10 continue to write individual health insurance policies.

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