ARTICLE
15 March 2016

U.S. Owes Health Insurance Plans Billions In Risk Corridor Payments, Complaint Says

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Day Pitney LLP

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Day Pitney LLP is a full-service law firm with more than 300 attorneys in Boston, Connecticut, Florida, New Jersey, New York and Washington, DC. The firm offers clients strong corporate and litigation practices, with experience on behalf of large national and international corporations as well as emerging and middle-market companies. With one of the largest individual clients practices on the East Coast, the firm also has extensive experience assisting individuals and their families, fiduciaries and tax-exempt entities plan for the future.
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.
United States Food, Drugs, Healthcare, Life Sciences

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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