"A number of risk corridor cases are still pending ... While the Lincoln and Health Republic cases were decided on different grounds ... the courts reached contrary conclusions as to whether HHS had an obligation to make annual payments.... The Moda court, however, essentially broke the tie by disagreeing with Lincoln and specifically finding the government liable to Moda.... [In] their recent rate filings, insurers have likely factored in the likelihood of receiving risk corridors payments by raising rates.... [S]ince the risk corridors program expired at the end of 2016, insureds are unlikely to see a significant impact from these cases."

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