1. Home
  2. |Insights
  3. |Court of Federal Claims Grants Summary Judgment on Affordable Care Act "CSR" Litigation

Court of Federal Claims Grants Summary Judgment on Affordable Care Act "CSR" Litigation

Client Alert | 1 min read | 09.05.18

In Montana Health Co-Op v. U.S. (September 4, 2018), an important decision likely to reverberate throughout the health insurance industry, the U.S. Court of Federal Claims granted summary judgment in favor of C&M client Montana Health in a lawsuit seeking to recover "cost-sharing reduction" (CSR) payments pursuant to §1402 of the Affordable Care Act, deciding on the merits that: (i) Section 1402 of the ACA is money-mandating, (ii) Montana Health is entitled to full payments owed to it under the statutory formula set forth in the ACA, and (iii) the federal government has a statutory obligation to provide Montana Health with the CSR payments notwithstanding the purported lack of appropriations to fund such payments. The Court agreed with Montana Health that the obligation to make payment under a money-mandating statute is distinct from the appropriation used to fund it, and that the lack of an appropriation merely restricts the Government’s agents (here, HHS), but does not negate the United States’ statutory payment obligation. The Montana Health decision is a significant decision in COFC money-mandating statute jurisprudence.

Insights

Client Alert | 4 min read | 11.09.26

CMS Finalizes Its 2026 Organ Procurement Organization Rule

On November 3, 2026, the Centers for Medicare and Medicaid Services (CMS) finalized a follow-up to its 2020 final rule governing conditions of participation for organ procurement organizations (OPO). CMS’s final rule in 2020 set forth outcome measures for OPOs. The latest final rule further cements the new rating structure that will determine which of the 55 OPOs will be recertified at the end of the current cycle. The final rule largely tracks CMS’s proposed rule, which we discuss here, with the following notable exceptions: ...