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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.

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Client Alert | 4 min read | 10.22.26

CMS Proposal Would Require Extensive Provider Directory Changes in MA

A proposed rule published October 20, 2026, outlines a framework that would require Medicare Advantage (MA) plans to verify and update their provider directories at least once every 90 days, report an accuracy score to the Centers for Medicare and Medicaid Servies (CMS), and publicly post it on their directories. CMS says the proposed changes will improve data connectivity and accuracy in provider directories across the health care system. ...