Congressional Research Service Opinion On Lawsuits To Recover Payments Under The Risk Corridors Program Of The Affordable Care Act

On January 5, 2016, this opinion brief was issued by the Congressional Research Service (CRS). The opinion was requested by Senator Marco Rubio. The CRS considered the likelihood of success for health insurers offering Qualified Health Plans for the uninsured who might sue the federal government for failure to pay risk-corridor payments promised under the Patient Protection and Affordable Care Act. In late 2014, the federal government had enacted legislation with a provision inserted by Senator Rubio that limited the government's ability to make the previously promised risk corridor payments . . .