COFC Holds That ACA "Risk Corridors" Program Requires Annual Payment
Client Alert | 1 min read | 01.12.17
In Health Republic Insurance Co. v. U.S. (Jan. 10, 2017), the Court of Federal Claims (Court) 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, holding 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’s decision was based on several factors, including the risk corridors program’s purpose of stabilizing insurance premiums in the ACA’s new and untested health insurance marketplace; notably, the Court 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.
Insights
Client Alert | 2 min read | 05.09.24
New York Enacts Paid Prenatal Personal Leave
Beginning January 1, 2025, New York employers will be required to provide employees with 20 hours of paid “prenatal personal leave” during any 52-week calendar period to attend prenatal medical appointments during or related to pregnancy. New York is the first state in the country to mandate paid leave specifically for pregnant employees. “Prenatal personal leave” is included in an amendment to New York’s budget, recently signed into law as Sections 196-b.2 and 4-a of the New York Labor Law by the governor and cleared by the state legislature.
Client Alert | 12 min read | 05.09.24
Client Alert | 5 min read | 05.08.24
