3 pages. "While the language of ACA 1342(b)(1) establishes a directive to the Secretary to make such payments, it does not specify a source from which those payments are to be made. Therefore, Section 1342 would not appear to constitute an appropriation of funds for the purposes of risk corridor payments under that section.... [T]he amounts received by HHS from plans that have overestimated premiums for a given year are not explicitly designated to be deposited in a revolving account or otherwise made available for outgoing payments under Section 1342(b)(1). Therefore, there does not appear to be sufficient statutory language creating a revolving fund that would make amounts received under Section 1342(b)(2) available to pay amounts due to eligible plans under Section 1342(b)(1)." [Jan. 23, 2014]

MORE >>