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In a recent decision, the Court of Federal Claims rejected the Government’s motion to dismiss a lawsuit filed under the Tucker Act seeking to recover “risk corridors” payments pursuant to §1342 of the Affordable Care Act. In Health Republic Insurance Co. v. U.S. (Jan. 10, 2017), the Court held that “HHS is required to make annual risk corridors payments to eligible qualified health plans” under the ACA, and that the “plaintiff’s claim for unpaid risk corridors payments is ripe for adjudication.” The Court – which based its decision on several factors, including the risk corridors program’s purpose of stabilizing insurance premiums in the health insurance marketplace – also held that even if the ACA were ambiguous and the court were to apply a Chevron deference analysis, HHS has interpreted the program to require annual payments, and the agency’s own actions (i.e., making partial annual payments) indicate it believes the program is annual in nature.

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Photo of Steve McBrady Steve McBrady

Steve McBrady is a partner and co-chair of Crowell & Moring’s Government Contracts Group. He also serves as a member of the firm’s Finance and Strategic Growth Committees, where he has played a leading role in expanding client service offerings throughout the U.S.…

Steve McBrady is a partner and co-chair of Crowell & Moring’s Government Contracts Group. He also serves as a member of the firm’s Finance and Strategic Growth Committees, where he has played a leading role in expanding client service offerings throughout the U.S., Europe, Asia, and the Middle East.

In recent years, Steve has received the National Law Journal’s “Winning Litigator” award as a lawyer who has “tackled some of the most widely watched cases of the year,” as well as the “D.C. Trailblazer” award, recognizing lawyers who have “made significant marks on the practice.” In 2018, he was named “Government Contracts MVP” by Law360.

Photo of Christopher Flynn Christopher Flynn

Chris Flynn is a partner in Crowell & Moring’s Washington, D.C. office and is co-chair of the firm’s Health Care Group. Chris focuses his practice on complex commercial litigation before federal and state courts, administrative agencies and arbitral forums. Chris regularly represents HMOs…

Chris Flynn is a partner in Crowell & Moring’s Washington, D.C. office and is co-chair of the firm’s Health Care Group. Chris focuses his practice on complex commercial litigation before federal and state courts, administrative agencies and arbitral forums. Chris regularly represents HMOs, PPOs, IPAs, TPAs, health benefit plans, fiscal intermediaries, managed behavioral healthcare organizations, plan sponsors and health care industry associations in various litigation, investigations, and regulatory matters. Chris’ experience includes all areas of health care, including payor/provider contract disputes, class action defense, ERISA preemption, subrogation disputes, regulatory challenges and whistleblower claims. Chris has also briefed health care matters for the Supreme Court as counsel for amicus curiae.

Photo of Sharmistha Das Sharmistha Das

Sharmi Das’ experience at the Department of Homeland Security (DHS), Department of Justice (DOJ), the White House, the U.S. Senate, and private practice positions her to guide clients through regulatory challenges, government-facing issues, and scrutiny from Congress and other oversight bodies. Sharmi has

Sharmi Das’ experience at the Department of Homeland Security (DHS), Department of Justice (DOJ), the White House, the U.S. Senate, and private practice positions her to guide clients through regulatory challenges, government-facing issues, and scrutiny from Congress and other oversight bodies. Sharmi has handled dozens of congressional inquiries and managed a program that developed hundreds of regulatory actions relating to homeland security matters, including technology, cybersecurity, contracts and grants, intelligence, health, and immigration. She participated in hundreds of policy discussions at the White House and DHS on high-profile issues that were often in the headlines, including domestic and international crises and emergencies.

Sharmi brings over a decade of experience analyzing statutory and regulatory text to both challenge and defend agency actions in litigation. She uses her knowledge of the Administrative Procedure Act (APA) and federal rulemaking process to help clients shape regulatory authorities, comply with them, and challenge them. In both the executive and legislative branches, Sharmi crafted strategies to resolve inquiries from the Hill, other federal oversight bodies, and the public, often under immense public scrutiny.

Sharmi was awarded the Distinguished Service Medal by the Secretary of Homeland Security for exceptional service, the Department’s highest civilian honor. She was also recognized as an honorary Judge Advocate General by the U.S. Coast Guard. Sharmi values public service and maintains a diverse pro bono practice, including her time seconded to the Legal Aid Society of the District of Columbia.

Photo of Dan Wolff Dan Wolff

Dan Wolff represents clients facing enterprise-level risks arising out of government enforcement actions and complex commercial disputes. He is a problem solver who understands how to use litigation, whether as plaintiff or defendant, to achieve exceptional business solutions and outcomes. Dan leads the…

Dan Wolff represents clients facing enterprise-level risks arising out of government enforcement actions and complex commercial disputes. He is a problem solver who understands how to use litigation, whether as plaintiff or defendant, to achieve exceptional business solutions and outcomes. Dan leads the firm’s administrative law litigation practice, counseling clients and litigating on their behalf in federal and state courts around the country in matters arising under the Administrative Procedure Act, other federal statutes, and the U.S. Constitution. He also litigates commercial disputes and matters arising in tort. He has deep experience arguing dispositive motions and appeals, in addition to trying jury cases. Notably, The National Law Journal named Dan a Political Activism and First Amendment Rights Trailblazer.

Beyond the courtroom, clients also seek Danʼs counsel in government investigations of workplace accidents, fatalities, supervisor liability, and requests for company records.

Dan serves on the firm’s Public Service Committee and maintains an active pro bono practice. In recent years, he has focused on civil rights impact litigation, helping to secure victories or favorable settlements under the First Amendment, § 1983, and the Voting Rights Act.

Immediately following law school, Dan clerked for two years in the Southern District of Ohio for the Honorable Walter H. Rice. He is licensed to practice in the District of Columbia and Ohio and is also a member of the bars of multiple federal courts, including the U.S. Supreme Court.