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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 Daniel W. Wolff Daniel W. Wolff

Dan Wolff is a litigator and regulatory problem solver. He is a partner in Crowell & Moring’s Washington, D.C. office and chairs the firm’s Administrative Law & Regulatory Practice. Dan works with clients across a wide spectrum of regulated industries, counseling them on…

Dan Wolff is a litigator and regulatory problem solver. He is a partner in Crowell & Moring’s Washington, D.C. office and chairs the firm’s Administrative Law & Regulatory Practice. Dan works with clients across a wide spectrum of regulated industries, counseling them on their rights and obligations under a number of federal regulatory programs and in responding to government enforcement actions. Dan appears regularly in federal district and appellate courts, frequently in matters arising under the Administrative Procedure Act and other federal statutes, or which pose constitutional questions. He also litigates commercial and products liability cases in both federal and state venues.