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Insurers Not Owed Risk Corridor Payments
Katie Keith, in Health Affairs Forefront Link to more items from this source
June 15, 2018

"The Federal Circuit concluded that Section 1342 does obligate the government to make full risk corridors payments. However, this obligation was temporarily suspended by subsequent appropriations riders that required HHS's risk corridors payments to be budget neutral (meaning that HHS could pay out no more than it received in risk corridors payments). The court found that Congress intended to cap risk corridors payments in this way via the appropriations process, even though it did not amend the underlying statute, Section 1342." [Moda Health Plan, Inc. v. U.S., No. 2017-1994 (Fed. Cir. June 14, 2018)]

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