"[T]he insurers emphasize [that] the government made a clear promise in the ACA ... Relying on that promise, ... the insurers 'joined the exchanges, set their premiums, and incurred significant losses in providing health coverage.' ... [T]he federal government rejects any suggestion that, by creating the risk-corridor program, Congress decided to leave the government on the hook for sums that could reach into the billions of dollars. Instead, the government argues, the ACA left the funding question open, and Congress decided to limit the funding for the risk corridors to the money HHS collected under the program[.]" [Moda Health Plan v. U.S., Nos. 2017-1994, 2017-1224, 2017-2154, 2017-2395 (Fed. Cir. Nov. 6, 2018; cert. pet. granted Jun. 24, 2019; oral arg. sched. Dec. 10, 2019)]  MORE >>