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Court of Federal Claims Permits Affordable Care Act "Risk Corridors" Case to Proceed

December 2, 2016

In Maine Community Health Options v. U.S. (Dec. 2, 2016) the CFC held that the “existence of separate, active cases” whose outcomes will impact the issues raised by a plaintiff fails to meet the Government’s burden to justify a stay of litigation under Federal Circuit precedent. Plaintiff Maine Community Health Options (represented by C&M) is one of 13 health insurers who have filed suit against the Government under the Tucker Act seeking to recover “risk corridors” payments pursuant to §1342 of the Affordable Care Act.

For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

Stephen J. McBrady
Partner – Washington, D.C.
Phone: +1.202.624.2547
Christopher Flynn
Partner – Washington, D.C.
Phone: +1.202.624.2864
Daniel W. Wolff
Partner – Washington, D.C.
Phone: +1.202.624.2621