Cost Sharing Reductions payments

Cost-sharing reductions cases in the Court of Federal Claims and the Federal Circuit

Cost-sharing reductions materials not filed in House v. Price

House v. Burwell

California v. Trump

The New York/Minnesota BHP case

Grey type indicates materials that were on wikispaces.com but have not yet been uploaded to the WordPress server, so, for now, have links that don’t work.

CSR cases in the Federal Circuit and the Court of Federal Claims

Cost-sharing reductions cases that have gone from the Court of Federal Claims to the Federal Circuit are, by Court of Federal Claims case number: CommonGround, Nos. 1:17-cv-877 (Ct. Fed. Cl.) and 20-1286 (Fed. Cir.); L.A. Care, Nos. 1:17-cv-1542 and 20-1393; Maine CHO, Nos. 1:17-cv-2057 and 19-2102; Community Health Choice, Nos. 1:18-cv-5 and 19-1633;  Sanford HP, Nos. 1:18-cv-136 and 19-1290; and Montana HCO, Nos. 1:18-cv-143 and 19-1302.  All six cases involve claims simply for 2017 (Sanford HP and Montana HCO) or for both 2017 and 2018 (Community Health Choice, Maine CHO, L.A. Care, and Common Ground).  Please note that Common Ground’s opt-in class action is both on appeal to the Federal Circuit (2017 and 2018 claims) and pending at the trial level with a motion for class certification filed May 8, 2020 (2019 claims).

First, the Federal Circuit opinion; then, the Federal Circuit briefing, in chronological order of orders appealed from, then briefs and pleadings filed; then, the CSR cases as a whole, by Court of Federal Claims case number.

 

Federal Circuit opinion in Sanford HP and Montana HCO, 19-1290 and -1302, August 14, 2020

FC Sanford HP Montana HCO opinion

Don’t use FC Sanford opinion

Federal Circuit opinion in Community Health Choices and Maine CHO, 19-1633 and -2102, August 14, 2020

FC CHC Maine CHO opinion

 

Federal Circuit orders appealed from, and briefing

Orders appealed from:

Montana HCO opinion and order, 9/4/2018

Montana HCO CSR opinion and order

Montana HCO order directing clerk to enter judgment re 4th quarter 2017, 10/5/2018

Montana HCO CSR order directing clerk to enter judgment

Montana HCO judgment, 10/9/2018

Montana HCO CSR judgment

Sanford HP opinion, 10/11/2018

Sanford CSR opinion

Sanford judgment (for 2017), 10/17/2018

Sanford CSR judgment

Community Health Choice summary judgment, 2/15/2019

Community Health Choice CSR summary judgment opinion

Community Health Choice order for 54(b) judgment (for 2017 and 2018), and judgment, 3/7/2019

order for 54 b judgment

54 b judgment

Maine CHO summary judgment opinion, 6/10/2019

Maine CHO summary judgment order

Maine CHO judgment (for 2017 and 2018), 6/11/2019

Maine CHO judgment

L.A. Care summary judgment order, 2/14/2019

L.A. Care summary judgment opinion

L.A. Care 54(b) order (for 2017 and 2018), 11/18/2019

L.A. Care 54 b order

L.A. Care 54(b) judgment, 11/19/2019

L.A. Care 54 b

Common Ground summary judgment order, 2/15/2019

Common Ground summary judgment order

Common Ground order and 54(b) judgment (for 2017 and 2018), 10/22/2019

Common Ground order 10 22 19

Common Ground 54 b judgment 10 22 19

 

 

Federal Circuit motions practice and briefing (briefs bolded)

Sanford HP unopposed US motion to consolidate with Montana HCO, 12/14/18

FC Sanford Montana unop consol mo

Sanford Montana consolidation order, 12/14/18

FC Sanford Montana consol order

US motion to treat cases as companion cases, 3/13/2019

Sanford Montana CHO Community Health Choice US motion to treat cases as companions

Order to treat cases as companion cases, 3/15/19

Sanford Montana CHO CHC companion cases order

Opening US brief, Sanford and Montana HCO, 3/22/2019

Sanford Montana opening brief

Unopposed motion for single reply brief (Sanford Montana Community Health Choice), 4/17/2019

FC unopposed motion single reply brief

Order for single reply brief, 4/25/2019

Document 33

US opening brief in Community Health Choice, 4/30/2019

FC Community Health Choice opening brief

Sanford Montana appellees’ brief, 5/1/2019

FC Sanford Montana appellee brief

BC BS ND amicus, 5/8/2019

FC BC BS ND amicus

Common Ground amicus, 5/8/2019

FC Common Ground amicus

CHC appellee brief, 6/10/2019

FC appellee brief

US reply brief in 3 cases, 7/12/2019

US reply brief

Maine CHO motion to consolidate cases and forego separate briefing, 7/12/2019

FC Maine CHO companion case no briefing mo

Federal Circuit consolidation and no-briefing order for Maine CHO, 7/30/2019

FC Maine CHO consol order

Oral argument, 1/9/2020

Order for supplemental briefing, 1/10/2020

FC supplemental briefing order 1 10 20

US supplemental brief, 2/10/2020

FC US supplemental brief

Unopposed US motion to extend time for supplemental reply to 4/10, 2/11/2020

FC US xt request re reply

Community Health Choice/Maine CHO supplemental brief, 3/10/2020

FC CHC supplemental brief

Common Ground supplemental brief, 3/17/2020

FC Common Ground amicus supplemental

US reply supplemental brief, 4/10/2020

FC US reply supp br

Second order for supplemental briefing, 4/28/2020

FC 2d supp b order

US supplemental brief (round 2), 5/19/2020

FC US supplemental 2

Insurers’ supplemental brief (round 2), 5/19/2020

FC insurers supp br 2

 

CSR cases in the Court of Federal Claims, by Court of Federal Claims case number

CommonGround Healthcare Cooperative v. USA, No. 17-877 (Ct. Fed. Cl. filed 6/27/2017), Risk Corridor case, later amended to allege CSR claims

Stay order, 8/11/2017

Amended complaint (class action), 11/22/2017

Motion to certify class, 12/14/2017

Motion to appoint class counsel, 12/14/2017

US response to motions, 12/22/2017

Order extending time re CSR response, 12/22/2017

Partial certification order, 1/8/2018

US request for extension of time, 1/26/2018

US class certification opposition, 2/20/2018

Plaintiff’s class certification reply, 3/13/2018

Class certification order, 4/17/2018

Motion for approval of class notice, 5/22/2018

Order approving class notice, 5/24/2018

Common Ground class notice order

 

Joint status report, 6/28/2018

Order setting briefing schedule, 6/29/2018

CG motion for summary judgment, 7/23/2018

Common Ground class membership info, 9/12/2018

Common Ground CSR certif of class membership

Common Ground CSR opt in list

 

US opposition/cross motion, 9/14/2018

 

Common Ground reply, 10/12/2018

Common Ground pltf sj reply

US reply, 10/26/2018

Common Ground CSR US xmd reply

Order re oral argument, 11/8/2018

Common Ground oral argument order

Unopposed motion to postpone oral argument, 1/22/2019

unopposed motion for postponement of oral argument

Order postponing oral argument, 1/22/2019

order postponing oral argument

Order resetting oral argument, 2/1/2019

Common Ground oral argument order 2

Summary judgment order, 2/15/2019

Common Ground summary judgment order

Unopposed motion for extension to 3/5 re status, 2/28/2019

Common Ground unop mo xt joint status

Joint status report, 3/5/2019

Common Ground CSR joint status report 3 5 19

Order, 3/7/2019

Common Ground order 3 7 19

Unopposed motion for leave to file second amended complaint, 3/13/2019

Common Ground unop mo file second amended complaint

Common Ground second amended complaint

Order for leave to file second amended complaint, 3/18/2019

Common Ground second amended complaint order

Unopposed motion to include additional class members, 3/21/2019

Common Ground CSR unop mo to include more class members

Joint status report, 3/22/2019

Common Ground CSR joint status report 3 22

Order adding plaintiffs, 3/25/2019

Common Ground addl pltfs order

Order declining to enter 54(b) judgment, 3/25/2019

Common Ground order declining to enter 54 b

Common Ground XT motion, 4/10/2019

Common Ground xt request

US opposition to XT motion, 4/15/2019

Common Ground CSR US op to motion re reconciliation

Common Ground reply supporting XT motion, 4/19/2019

Common Ground CSR reconcil xt reply

Unopposed motion to add 4 additional class members, 4/23/2019

motion to include 4 addl class members

Order allowing 4 additional class members, 4/24/2019

Common Ground CSR addl plaintiffs order

Order on 2018 deadlines, 4/24/2019

Common Ground CSR 2018 submission deadline order

Unopposed motion to add class member, and order, 5/1/2019

Common Ground unop mo addl class member

Common Ground 3d addl pltf order

Joint status report, 10/18/2019

Common Ground joint status report 10 18 19

Order and 54(b) judgment, 10/22/2019

Common Ground order 10 22 19

Common Ground 54 b judgment 10 22 19

US notice of appeal, 12/16/2019

Common Ground CSR US notice of appeal

Federal Circuit # 20-1286

US motion to have appeal held in abeyance, 12/30/2019

FC US motion for abeyance

Opposition to abeyance, 1/8/2020

FC pltf op to abeyance

Supplemental opposition to abeyance, 1/10/2020

FC CG supplemental filing post Sanford OA

Common Ground motion to treat as companion case, 1/14/2020

FC Common Ground motion companion

Abeyance order, with suggestion of supplemental amicus briefing, 1/28/2020

FC abeyance and supp briefing order

Common Ground unopposed motion to file amicus, 1/31/2020

FC Common Ground unop amicus mo

Order re Common Ground amicus, 2/3/2020

FC order for Common Ground amicus

Motion to certify 2019 class, with appendix, May 8, 2020

motion to certify class

 

appendix to motion to certify class

 

Motion to appoint 2019 class counsel, May 8, 2020

motion to appoint class counsel

US opposition/delay request, May 21, 2020

US op to 2019 class cert

Reply supporting class certification, May 28, 2020

Common Ground CSR 2019 class cert reply

Order on class certification and counsel, May 29, 2020

Common Ground 2019 CSR class cert and counsel order

Motion for approval of 2019 CSR class notice plan, July 8, 2020

Common Ground CSR motion re 2019 class notice plan

Order approving class notice, July 9, 2020

Common Ground order approving class notice

US motion to respond re class notice, July 9, 2020

Common Ground US mo to file response

Order vacating class notice approval, July 9, 2020

Common Ground order vacating class notice approval

US nonopposition to class notice plan, July 15, 2020

Common Ground CSR US nonop notice plan

Order approving class notice, July 15, 2020

Common Ground CSR order approving notice plan

 

L.A. Care v. USA, No. 17-1542 (Ct Federal Claims, amended complaint, 2/8/18)
Amended complaint, 2/8/2018

Motion for partial summary judgment, 2/8/2018

US motion to stay, 2/26/2018

Pltf stay op, 3/1/2018

Stay order, 3/5/2018

Joint status report, 7/16/2018

Order lifting stay but continuing stay, 7/16/2018

 

US SJ opposition cross-motion to dismiss, 10/19/2018

L.A. Care CSR US xmo dism sj op

L.A. Care reply/opposition, 11/13/2018

01513108123

US cross-motion reply, 11/27/2018

01513120378

Summary judgment order, 2/14/2019

L.A. Care summary judgment opinion

Joint status, 3/14/2019

L.A. Care CSR joint status 3 14 19

Plaintiff motion for entry of 54(b) judgment, 9/24/2019

L.A. Care pltf mo entry judgment

Motion for extension of time to respond, 10/2/2019

L.A. Care US motion for XT to respond to 54 b

Plaintiff opposition to extension of time, 10/3/2019

L.A. Care pltf op to xt

Order extending time for response to 54(b) motion, 10/3/2019

L.A. Care order extending time to respond to 54 b motion

US opposition to 54(b) judgment, 10/29/2019

L.A. Care US op to 54 b

Reply supporting 54(b) judgment, 11/5/2019

L.A. Care reply supporting 54 b

54(b) order, 11/18/2019

L.A. Care 54 b order

54(b) judgment, 11/19/2019

L.A. Care 54 b

US notice of appeal, 1/16/2020

US notice of appeal 1 16 20

Federal Circuit # 20-1393

Unopposed US motion to stay, 1/29/2020

FC unopposed US mo to stay

Stay order, 2/14/2020

FC unopposed US mo to stay

Joint status report, 7/13/2020

L.A. Care CSR joint status 7 13 20

Order for entry of judgment, 7/13/2020

L.A. Care CSR order for entry of judgment

Judgment, 7/14/2020

L.A. Care CSR 2019 judgment

 

MDwise Marketplace, Inc. v. United States, No. 17-1958 (Ct Fed Cl., filed 12/15/2017), risk corridor case, with amended complaint raising CSR issues

Joint status report and request for continued stay, 6/26/2018

Continued stay order, 6/26/2018

MDWise continued stay order

Joint status report, 5/12/2020

joint status report 5 12 20

Order lifting stay (6 26), 6/5/2020

mdwise order lifting stay 6 5

First amended complaint, 6/11/2020

MDWise first amended complaint risk corridor CSR

 

Sendero HP v. USA, No. 17-2048 (Ct Fed Cl.), filed 12/27/2017), risk corridor case, with added CSR claims

Joint status report, 7/11/2019

joint status report 7 11 19

Continuing stay order, 7/11/2019* (report w/in 30 days)

sendero continuing stay 7 11 19

Motion to add CSR claims, 10/3/2019

Sendero HP mo to add CSR

Order allowing amendment, 10/15/2019

Sendero HP order granting leave

First amended complaint (CSR), 10/16/2019

Sendero HP First Amended Complaint (CSR)

Joint status report, 5/22/2020

Sendero HP joint status 5 22 20

 

Maine Community Health Options v. USA, No. 17-2057 (Ct Federal Claims, filed 12/28/17)
Complaint

Motion for summary judgment on 1402 issues, January 12, 2018

US motion for stay, February 6, 2018

Maine CHO motion to expedite, February 6, 2018

Stay order, February 7, 2018

Maine CHO CSR stay order

 

Withdrawal of pending SJ motion, June 26, 2018

Order setting new deadlines, June 27, 2018

New SJ motion, 7/16/2018

SJ op and cross-motion, 9/7/2018

 

Maine SJ reply and cross-motion op, 10/4/2018

Maine CHO CSR Maine CHO reply op

US xmo reply, 10/18/2018

Maine CHO US xmo reply

Unopposed motion to postpone oral argument, 1/22/2019

unopposed motion for postponement of oral argument

Order postponing oral argument, 1/22/2019

order postponing oral argument

Order resetting oral argument, 2/1/2019

Maine CHO oral argument order

Summary judgment order, 2/15/2019

Maine CHO CSR summary judgment order

Motion to amend complaint/amended complaint, 2/15/2019

Maine CHO CSR motion amended complaint

Unopposed motion for extension to 3/5 re status report, 2/28/2019

Maine CHO CSR unop mo xt joint status report

Response to motion to amend complaint, 3/1/2019

Maine CHO CSR response to mo for amended complaint

Joint status report, 3/5/2019

Maine CHO CSR joint status report 3 5 19

Order, 3/7/2019

Maine CHO order 3 7 19

Amended complaint, 3/7/2019

Maine CHO amended complaint

Maine CHO 2018 summary judgment motion, 4/8/2019

Maine CHO CSR 2018 sj mo

Maine CHO summary judgment response, 4/23/2019

Maine CHO CSR 2018 sj response

Joint status report, 6/7/2019

Maine CHO 2 joint status report 6 7 19

Maine CHO summary judgment opinion, 6/10/2019

Maine CHO summary judgment order

Maine CHO judgment, 6/11/2019

Maine CHO judgment

Federal Circuit # 19-2102

Motion to consolidate cases and forego separate briefing, 7/12/2019

FC Maine CHO companion case no briefing mo

Federal Circuit consolidation and no-briefing order, 7/30/2019

FC Maine CHO consol order

For supplemental brief by Maine CHO and Community Health Choice, see Community Health Choice, below

US reply supplemental brief, 4/10/2020

FC US reply supp br

 

Community Health Choice v. USA, No. 18-5 (Ct Federal Claims)
Unopposed motion to amend complaint, 2/27/2018

Amended Complaint, 2/27/2018

Stay order (unopposed motion), 3/7/2018

Joint status report, 7/16/2018

 

CHC motion for summary judgment, 9/26/2018

Community Health Choice CSR pltf msj

Community Health Choice CSR pltf msj exhibits

US opposition and cross motion, 10/24/2018

Community Health Choice CSR US op xmo

Community Health Choice opposition/reply, 11/30/2018

Community Health Choice CSR CHC op reply

US reply, 12/14/2018

CHC US xsj reply

Unopposed motion to postpone oral argument, 1/22/2019

chc unopposed motion to postpone oral argument

Order postponing oral argument, 1/22/2019

order postponing oral argument

Order resetting oral argument, 2/1/2019

Community Health Choice oral argument order

Summary judgment, 2/15/2019

Community Health Choice CSR summary judgment opinion

Unopposed motion to extend status report to 3/5, 2/28/2019

Community Health Choice CSR unop mo xt joint status

Joint status report, 3/5/2019

CHC joint status report 3 5 19

Order for 54(b) judgment, and judgment, 3/7/2019

order for 54 b judgment

54 b judgment

US notice of appeal, 3/7/2019

US notice of appeal

Federal Circuit # 19-1633

Motion to treat cases as companion cases, 3/13/2019

Sanford Montana CHO Community Health Choice US motion to treat cases as companions

US opening brief, 4/30/2019

FC Community Health Choice opening brief

CHC appellee brief, 6/10/2019

FC appellee brief

Unopposed motion for extension re reply brief, 6/19/2019

FC Sanford unopposed xt

For FC reply brief, see Sanford

Order for supplemental briefing, 1/10/2020

FC supplemental briefing order 1 10 20

US supplemental brief, 2/10/2020

FC US supplemental brief

Unopposed US motion to extend time for supplemental reply to 4/10, 2/11/2020

FC US xt request re reply

Community Health Choice/Maine CHO supplemental brief, 3/10/2020

FC CHC supplemental brief

Common Ground supplemental brief, 3/17/2020

FC Common Ground amicus supplemental

Second order for supplemental briefing, 4/28/2020

FC 2d supp b order

 

Sanford Health Plan v. USA, No. 18-136 (Ct Federal Claims, filed 1/26/18)
Complaint

US motion to stay, 3/16/2018

Order denying stay, 3/28/2018

US motion to dismiss, 5/29/2018

Unopposed motion adjusting response deadlines, 6/25/2018

Order adjusting response deadlines, 6/26/2018

Sanford cross motion dismissal op, 7/2/2018

US op/reply, 8/10/2018

Sanford reply, 8/24/2018

 

Reassignment order, 9/5/2018

Sanford CSR reassignment order

Order inquiring about Montana HCO, 9/6/2018

Sanford CSR order re Montana CHO

Joint status report, 10/4/2018

Sanford CSR status 10 4 18

Opinion, 10/11/2018

Sanford CSR opinion

Judgment, 10/17/2018

Sanford CSR judgment

US notice of appeal, 12/6/2018

Sanford CSR US notice of appeal

Federal Circuit # 19-1290

Unopposed motion to consolidate with Montana HCO, 12/14/18

US motion for extension to file opening brief, 1/14/19

sanford montana us motion for xt

Order extending, 1/16/19

01/16/2019  16 **TEXT ONLY** ORDER granting motion to extend time to file brief [14] filed by Appellant US. Appellant’s brief is due 03/13/2019. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [578551] [MMA] [Entered: 01/16/2019 12:42 PM]

US motion to treat cases as companion cases, 3/13/2019

Sanford Montana CHO Community Health Choice US motion to treat cases as companions

Order to treat cases as companion cases, 3/15/19

Sanford Montana CHO CHC companion cases order

Opening brief, Sanford and Montana HCO, 3/22/2019

Sanford Montana opening brief

Unopposed motion for single reply brief (Sanford Montana Community Health Choice), 4/17/2019

FC unopposed motion single reply brief

Order for single reply brief, 4/25/2019

Document 33

Appellees’ brief, Sanford and Montana HCO, 5/1/2019

FC Sanford Montana appellee brief

BC BS ND amicus, 5/8/2019

FC BC BS ND amicus

Common Ground amicus, 5/8/2019

FC Common Ground amicus

[Amicus briefs, 5/8/2019]

Reply brief in 3 cases, 7/12/2019

US reply brief

Notice of oral argument for 1/9, 11/21/2019

Notice of oral argument 1 9 20

Motion to consolidate oral arguments, 11/26/2019

FC motion to consolidate OA

Oral argument order, 11/27/2019

FC OA order

US notice of additional authority (American Bankers), 12/13/2019

US notice of addl authority 12 13

For post-argument supplemental briefing order, see Community First Choice

 

Montana Health Co Op v. USA, No. 18-143 (Ct Federal Claims, filed 1/30/18)
Complaint

Motion for stay, 3/22/2018

Stay order, 3/23/2018

US motion for clarification, 3/27/2018

Order vacating stay, 3/27/2018

Montana HCO stay reopening

 

US motion to dismiss, 6/1/2018

Unopposed request to recalendar deadlines, 6/26/2018

Recalendaring order, 6/27/2018

Montana HCO cross motion dismissal op, 7/2/2018

Scheduling order, 7/10/2018

Order, 7/25, setting oral argument for 8/30/2018

 

Montana HCO US dismissal reply, 8/13/2018

Montana HCO pltf cross motion reply, 8/20/2018

Opinion and Order, 9/4/2018

 

Status report, 10/4/2018

Montana HCO CSR status 10 4 18

Order directing clerk to enter judgment, 10/5/2018

Montana HCO CSR order directing clerk to enter judgment

Judgment, 10/9/2018

Montana HCO CSR judgment

Notice of appeal, 12/6/2018

Montana HCO CSR US notice of appeal

Appeal # 19-1302

Unopposed motion to consolidate with Sanford, 12/14/2018

US motion for extension to file opening brief, 1/14/2019

sanford montana us motion for xt

Order extending time, 1/16/2019

01/16/2019  16 **TEXT ONLY** ORDER granting motion to extend time to file brief [14] filed by Appellant US. Appellant’s brief is due 03/13/2019. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [578551] [MMA] [Entered: 01/16/2019 12:42 PM]

For post-argument supplemental briefing order, see Community First Choice

 

Molina Healthcare v. USA, No. 18-333 (Ct Federal Claims, filed 3/5/2018), risk corridor 2016 and CSR complaint

molina-2016-complaint

Molina [No. 18-333] [CSR] motion for stay, filed 4/11/2018

Molina [CSR] partial stay op, filed 4/11/2018

Molina stay order, 4/12/2018

Joint status report and request for continued stay, 7/13/2018

Continued stay order, 7/13/2018

continued stay order

For further developments in the risk corridor parts of the case, please see the Risk Corridors page

 

 

Health Alliance Medical Plans v. USA, No. 18-334 (Ct Federal Claims, filed 3/5/18)

HAMP CSR complaint

 

Motion for stay, 4/24/2018

Stay order, 4/25/2018

Joint status report, 6/28/2018

Briefing schedule, 6/29/2018

HAMP motion for summary judgment & statement of uncontroverted facts, 7/13/2018

 

HAMP US opposition/cross motion, 8/14/2018

HAMP US op xm

HAMP US resp uncontradicted

 

HAMP HAMP reply/opposition, 10/12/2018

HAMP pltf msj reply xm op

HAMP US reply, 10/26/2018

HAMP CSR US reply

Scheduling/planning order, 3/14/2019

HAMP CSR order re other cases

HAMP unopposed motion to file amended complaint for 2018, and amended complaint, 3/22/2019, and as filed 3/27

HAMP CSR unop mo to file amended complaint for 2018

HAMP CSR amended complaint for 2018

HAMP CSR amended complaint filed 3 27 19

HAMP status report, 3/28/2019

HAMP CSR joint status report 3 28 19

HAMP stay order, 3/28/2019* (report due w/in 30 days of CSR appellate decision(s) being final)

HAMP CSR stay order 3 28 19

 

Blue Cross Blue Shield of Vermont v. USA, No. 18-373 (Ct Federal Claims, filed 3/9/18)

US motion to stay, 5/4/2018

Plaintiff’s opposition, 5/4/2018

US reply, 5/11/2018

Order denying stay, 5/30/2018

Joint notice re Land of Lincoln and Moda, 6/18/2018

US request for extension of time to answer, 6/25/2018

US motion to dismiss, 7/30/2018

Plaintiff dismissal opposition/cross motion for summary judgment, 9/14/2018

 

US opposition/reply, 10/15/2018

BC BS VT US dism reply xsj op

BC BS VT reply, 10/26/2018

BC BS VT CSR pltf sj reply

 

Order for supplemental briefing, 1/7/2019

bc bs vt csr supplemental briefing order

US request for stay, 1/15/2019

bc bs vt u

Order partly denying stay, 1/17/2019

order on motion for stay 1 17 19

Joint status report for scheduling supplemental briefing for 2/22, 1/30/2019

bcbsvtjointstatusreport13019

US supplemental brief, 2/22/2019

BC BS VT CSR US supplemental brief

BC BS VT supplemental brief, 2/22/2019

BC BS VT CSR pltf supplemental brief

Order for supplemental briefing, 9/4/2019

BC BS VT order for supplemental briefing

US supplemental brief, 9/13/2019

US supplemental brief 9 13 19

BC BS VT supplemental brief, 9/13/2019

BC BS VT supplemental brief 9 13 19

[]

Stay order (status report 5 days after appellate CSR decision(s)), 9/25/2019

BC BS VT stay order

 

Guidewell Mutual v. USA, No. 18-1791 (Court of Federal Claims, filed 11/20/18)

01513116144

Stay possibility order, 11/26/2018

01513117978 2

Joint status report, 12/10/2018

Guidewell joint status report 12 10 18

No stay order, 12/12/2018

guidewell no stay order

Stay motion, 1/4/2019

guidewell consent motion for stay

Stay order, 1/4/2019

guidewell stay order

Joint status report, 1/29/2019

guidewell joint status report 1 19

Order lifting stay, 1/29/2019

guidewell order lifting stay

US motion to dismiss and opposition to summary judgment motion, 2/15/2019

Guidewell CSR US SJ op and mo dism

Plaintiff opposition to US motion and reply supporting own motion, 3/15/2019

Guidewell CSR G sj reply xsj op

Guidewell US summary judgment reply, 4/5/2019

guidewell-csr-us-reply

Guidewell order for status report, 5/1/2019

Guidewell order for status report

Joint status report, 5/14/2019

Guidewell CSR joint status report 5 14 19

Stay order (14 days after appellate CSR decision(s)), 5/15/2019

guidewell CSR stay order

 

Harvard Pilgrim v. USA, No. 18-1820 (Court of Federal Claims, filed 11/27/2018)

01513120723

US motion to dismiss, 2/22/2019

Harvard Pilgrim CSR US motion to dismiss

Unopposed motion to stay pending Sanford, 2/28/2019

Harvard Pilgrim CSR unop mo to stay

Stay order, 2/28/2019

Harvard Pilgrim CSR stay order

Joint status, 5/29/2019

Harvard Pilgrim CSR joint status 5 29 19

Joint status, 12/11/2019

status report 12 19

Joint status, 3/10/2020

joint status report 3 20

Joint status, 6/8/2020

HPHC CSR joint status report

Motion for leave to file second amended complaint, and second amended complaint, 7/28/2020

HP mo for leave second amended complaint

HP second amended complaint

Order allowing second amended complaint, 7/28/2020

Order allowing second amended complaint

 

Noridian Mutual v. USA, No. 18-1983 (Court of Federal Claims, filed 12/27/2018), now Blue Cross and Blue Shield of ND v. USA

noridian complaint

Order for 3/1 status conference, issued 2/4/19

Noridian order for status conference

Noridian motion for partial summary judgment, 2/11/19

Noridian partial msj memo

Noridian scheduling order, 2/13/2019

Noridian scheduling order

US motion to dismiss, 2/25/2019

Noridian CSR US mo to dismiss

Change of plaintiff name order, 3/1/2019

BC BS ND CSR change of name order

Unopposed motion to dismiss takings claim, 3/14/2019

BC BS NC CSR unop mo to dismiss takings claim

Amended complaint, 3/22/2019

BC BS ND CSR amended complaint 3 22

Plaintiff opposition to motion to dismiss/reply supporting partial summary judgment, 3/25/2019

Pltf dism op psj reply

US motion to dismiss, 4/5/2019

BC BS ND US motion to dismiss

BC BS ND opposition and cross motion, 4/19/2019

BC BS ND dism op and x mo sj

US response/reply, 5/9/2019

BC BS NC US reply

BC BS ND reply, 5/24/2019

BC BS ND cross mo reply

US motion to stay, 6/28/2019

US motion to stay

BC BS ND opposition to stay, 7/2/2019

Pltf op US motion to stay

US reply supporting stay, 7/8/2019

US reply supporting stay

Order for stay (14 days after appellate CSR decision(s)), 7/9/2019

BC BS ND order for stay

 

Montana Health Co-Op v. USA, No. 19-568 (Court of Federal Claims, filed 4/16/2019)

Complaint

01513260638 2

Order for status report, 5/3/2019

Montana HCO CSR 2018 order for status report

Joint status report, 5/17/2019

Montana HCO 2 joint status

Stay order (30 days after appellate CSR decision(s)), 5/17/2019

Montana HCO 2 stay order

 

Sanford Health Plan v. USA, No. 19-569 (Court of Federal Claims, filed 4/16/2019)

Complaint

01513260657

Order for status report, 5/3/2019

Sanford CSR 2018 order for status report

Joint status report, 5/17/2019

Sanford 2 joint status

Stay order (30 days after appellate CSR decision(s)), 5/17/2019

Sanford 2 stay order

 

EmblemHealth v. USA, No. 19-1164 (Court of Federal Claims, filed 8/12/2019)

Complaint, with supporting documents

emblemhealth CSR complaint

Emblemhealth CSR exhibit 1

Emblemhealth CSR exhibit 2

Emblemhealth CSR exhibit 3

Emblemhealth CSR exhibit 4

Joint motion for stay, 10/9/2019

EmblemHealth joint motion for stay

Order for stay (30 days after appellate CSR decision(s)), 10/10/2019

Order for stay

 

Maine CHO v. USA, No. 20-458 (Ct Fed Cl., filed 4/17/20), 2019-20 CSR case

Complaint

Maine CHO CSR complaint 2019

Joint motion for stay, 6/12/2020

Maine CHO CSR 2018 joint mo stay

Order for stay (30 days after appellate CSR decision(s)), 6/12/2020

Order for stay 6 12 20

 

Cigna Health and Life Ins. Co. v. USA, No. 20-546 (Ct Fed Cl., filed 5/1/20), risk corridor and CSR case

Complaint

Cigna risk corridor and CSR complaint

CSR stay, 7/1/2020

Cigna CSR stay

 

Montana Health Co-Op v. USA, No. 20-561 (Ct Fed Cl., filed 5/6/20)

Complaint

complaint 5 6 20

Joint motion for stay, 6/24/2020

Montana HCO CSR 2018 joint mo to stay

Stay, 6/26/2020

Montana HCO 2018 stay

 

Health Alliance Medical Plans v. USA, No. 20-565 (Ct Fed. Cl, filed 5/6/20)

Complaint

HAMP 2019 2020 complaint 5 6 20

Joint motion to stay, 6/12/2020

HAMP 2019 2020 joint mo stay

Stay order (30 days from appellate CSR decision(s)), 6/12/2020

HAMP 2019 2020 stay order 6 12 20

 

Harvard Pilgrim Health Care v. USA, No. 20-578 (Ct Fed Cl., filed 5/8/20)

Complaint

Harvard Pilgrim 2019 2020 complaint

Motion for leave to answer, and for stay, 7/9/2020

Harvard Pilgrim motion for answer and stay

Stay, 7/10/2020

Harvard Pilgrim CSR stay

 

Blue Cross of California v. USA, No. 20-606 (Ct Fed Cl., filed 5/15/20)

Complaint

BC CA complaint 5 15 20

Stay, 7/8/2020

BC BS CA CSR stay

 

Aetna Health v. USA, No. 20-905 (Ct Fed Cl., filed 7/24/20)

Complaint

Aetna Health CSR 2016 2017 complaint

 

Humana v. USA, No. 20-996 (Ct Fed Cl., filed 8/10/20)

Complaint

Humana CSR complaint

 

Cost-sharing reductions materials — not filed in House v. Price

Joint Investigative Report, July 2016

20160707Joint_Congressional_Investigative_Report-2-1

 

Letter from Democratic Senators to President Trump, April 3, 2017

Letter from Democratic Senators to A.G. Sessions, April 4, 2017

Industry letter to Congressional leadership, April 12, 2017

Industry letter to President Trump, April 12, 2017

NAIC letter to OMB Director Mulvaney, May 17, 2017

NAIC letter to Congressional leaders, May 17, 2017

Insurers joint letter to Congressional leaders, May 19, 2017

Democrats’ letter to Seema Verma, May 21, 2017

CMS 2017 monthly payment process document

Treasury Department budget detail

tre

 

CHIR memo on “Trends from Early Health Plan Rate Filings,” June 5, 2017

Sen. Shaheen, “Marketplace Certainty Act,” June 28, 2017

Senate Democratic Staff, “A Manufactured Crisis,” June 2017

S. 1462, “Marketplace Certainty Act” (Sen. Shaheen)

Bipartisan Problem Solvers proposal, July 2017

CMS memo on risk adjustment methodology and rate filing deadlines, August 10, 2017

Kaiser study on 2017 rate filings, August 2017

CBO, “The Effect of Terminating Payments for Cost-Sharing Reductions,” August 15, 2017

Josh Blackman, “Presidential Maladministration,” 2018 U. Illinois L. Rev. 397

 

 

House v. Burwell

Complaint, 11/21/2014

Letter to Burwell

Letter from Burwell

12(b) motion, 1/26/2015

Minute order, 2/9/2015

Opposition to 12(b) motion, 2/27/2015

CRS memo

West Virginia et al motion for leave to file amicus brief, 3/6/2015

West Virginia et al amicus brief, 3/6/2015

Request for XT to file 12(b) reply, 3/6/2015

Op to XT to file 12(b) reply, 3/9/2015

12(b) reply, 3/31/2015

Plaintiff’s erratum, 4/6/2015

House v. Burwell mo dism op errata

 

Plaintiff’s request for oral argument, 4/13/2015

Plaintiff’s notice of additional authority (IG report), 5/6/2015

Oral argument transcript, 5/28/2015

Post-argument minute order, 6/1/2015

 

Parties’ joint submissions of documents and timeline, 6/15/2015

(Attachments: # 1 Exhibit 1A,

2 Exhibit 1B,

4369346-2–29516

 

3 Exhibit 2,

4 Exhibit 3,

5 Exhibit 4,

6 Exhibit 5,

7 Exhibit 6,

8 Exhibit 7,

9 Exhibit 8,

10 Exhibit 9,

11 Exhibit 10,

12 Exhibit 11,

13 Exhibit 12A,

14 Exhibit 12B,

15 Exhibit A,

  1. 16 Exhibit B,
  1. 17 Exhibit C,
  1. 18 Exhibit D,
  1. 19 Exhibit E,
  1. 20 Exhibit F,
  1. 21 Exhibit G,
  1. 22 Exhibit H,
  1. 23 Exhibit I,
  1. 24 Exhibit J,
  1. 25 Exhibit K,
  1. 26 Exhibit L,
  1. 27 Exhibit M,
  1. 28 Exhibit N)

4369346-28–4602

 

Second post-argument minute order, 6/16/2015

 

House’s additional authority notice (Arizona), 6/30/2015

House’s supplemental brief, 7/1/2015

Government’s supplemental brief, 7/1/2015

House’s supplemental reply brief, 7/17/2015

 

 

37-2

 

37-3

 

37-4

 

Government’s supplemental reply brief, 7/17/2015

 

Government’s response to additional authority (Arizona), 7/17/2015

Plaintiff’s motion to strike Gov’t’s response to additional authority (Arizona), 7/20/2015

Government’s opposition to motion to strike, 7/29/2015

Plaintiff’s reply supporting motion to strike, 8/5/2015

Opinion on motion to dismiss, 9/9/2015

Order, 9/9/2015

Plaintiff’s notice re briefing schedule, 9/21/2015

Government’s motion for 1292(b) certification, 9/21/2015

Government’s motion for stay of briefing schedule, 9/21/2015

Plaintiff’s “notice of intent to respond,” 9/22/2015

Plaintiff’s opposition to motion for stay, 9/23/2015

Government’s proposed briefing schedule, 9/23/2015

Plaintiff’s 1292(b) certification opposition, 10/5/2015

House 1292 b op

 

Government’s 1292(b) certification reply, 10/15/2015

Order denying 1292(b) certification, 10/19/2015

Answer, 11/2/2015

Plaintiff’s summary judgment memo, 12/2/2015

4546577-0–26007

 

Plaintiff’s summary judgment exhibits, 12/2/2015

EX. A Joint HHS OIG/TIGTA Report: Review of the Accounting Structure Used for the Administration of Premium Tax Credits (March 31, 2015)

EX. B CMS March Marketplace Payment Processing Cycle: Enrollment & Payment Data Reporting and Restatement (Feb. 12, 2014)

 

EX. C C. Stephen Redhead, Cong. Research Serv., R42051, Budget Control Act: Potential Impact of Sequestration on Health Reform Spending (2013)

EX. D Office of Management & Budget (“OMB”), Fiscal Year 2014 Budget of the U.S. Government (Apr. 10, 2013)

EX. E HHS, Fiscal Year 2014, CMS, Justification of Estimates for Appropriations Committees (April 10, 2014)

EX. F OMB Sequestration Preview Report to the President and Congress for Fiscal Year 2014 and OMB Report to the Congress on the Joint Committee Reductions for Fiscal Year 2014, Corrected Version (May 20, 2013)

EX. G S. Rep. No. 113-71 (2013)

EX. H Mem. from Cong. Research Serv. to Sen. Tom Coburn (July 29, 2013)

EX. I U.S. Gov’t Accountability Off., B-325630, Department of Health and Human Services – Risk Corridors Program (Sept. 30, 2014)

EX. J OMB SF 133 Reports on Budget Execution and Budgetary Resources (Dep’t of the Treasury) (Dec. 1, 2014)

EX. K OMB, Fiscal Year 2016 Budget of the U.S. Government (Feb. 2, 2015)

EX. L OMB, Fiscal Year 2015 Budget of the U.S. Government (Mar. 4, 2014)

EX. M Letter from Senators Ted Cruz and Michael S. Lee, to Sylvia M. Burwell, Dir. OMB (May 16, 2014)

EX. N OMB Report to the Congress on the Joint Committee Reductions for Fiscal Year 2015 (Mar. 10, 2014)

EX. O Letter from Sylvia M. Burwell, Dir., OMB to Senators Ted Cruz and Michael S. Lee (May 21, 2014)

EX. P Chart of Tax Credit Forms

Plaintiff’s proposed summary judgment order, 12/2/2015

Government’s summary judgment memo, 12/2/2015

 

 

Government’s summary judgment exhibits, 12/2/2015
Exhibit 1: Elmendorf statement (2009)

Exhibit 2: CBO premiums analysis (11/30/09)

Exhibit 3: CMS Marketplace Payment Processing (2013)

Exhibit 4: ASPE Issue Brief: Consequences (12/1/15)

Exhibit 5: House Budget Process (2015)

Exhibit 6: Elmendorf to Pelosi (3/20/10)

Exhibit 7: CBO Glossary (2012)

Exhibit 8: Herszenhorn NYT (3/19/10)

Exhibit 9: GAO Principles (2004)

Exhibit 10: Comptroller General Decision (1961)

Exhibit 11: OLC Opinion (1990)

Exhibit 12: OLC Opinion (2013)

Exhibit 13: FY 14 Budget Resolution Excerpts

Government’s proposed summary judgment order, 12/2/2015

Members’ motion for leave to file amicus brief, 12/8/2015

Members’ amicus brief (proposed), 12/8/2015

Plaintiff’s opposition to Members’ motion, 12/8/2015

Scholars’ motion for leave to file amicus brief, 12/8/2015

Scholars’ amicus brief (proposed), 12/8/2015

Plaintiff’s opposition to Scholars’ motion, 12/9/2015

Joint scheduling proposal, 12/14/2015

Order partially granting leave to file Members’ amicus brief, 12/16/2015

Government’s response to summary judgment motion, 1/15/2016

 

4588278-1–28984

 

Exhibits

Exhibit 14 — GAO, Principles

Exhibit 15 — CMS FAQs

Exhibit 16 — Seeking PPACA Answers

Exhibit 17 — CBO Budget and Economic Outlook 2013-23

Exhibit 18 — CBO Estimate 2/13

Exhibit 19 — CBO Budget and Economic Outlook 2014-24

Exhibit 20 — CBO Updated Estimates 4/14

Exhibit 21 — CBO Budget and Economic Outlook 2015-25

Exhibit 22 — CBO Repeal Estimate

Exhibit 23 — Upton to Burwell

Exhibit 24 — Burwell to Upton

Exhibit 25 — GAO Risk Corridors

 

 

Plaintiff’s response to summary judgment motion, 1/15/2016

 

 

Exhibits
Exhibit Q – IRS 8962 Instructions

Exhibit R – CMS Cost Sharing Risk Corridors

Exhibit S – CCIIO Cost Sharing Reductions Reconciliation

Exhibit T – IRS Form 8962

Exhibit U – Senate Budget Tax Expenditures

Exhibit V – CMS Cost-Sharing Reductions Advance Payments power point

Exhibit W – CMS Timing memo, 2/15

Exhibit X – CBO letter to Lewis

Plaintiff’s reply supporting its summary judgment motion, 2/5/2016

Exhibits
Exhibit Y — “Selected Differences” chart

Exhibit Z — Tavenner testimony, 8/1/13

Exhibit AA — Sebelius testimony, 4/24/13

Exhibit BB — Burwell testimony, 2/26/15

Exhibit CC — letter from Upton and Ryan to Burwell, 2/3/15

Defendants’ reply supporting their summary judgment motion, 2/5/16

Exhibit 26 — Urban Institute study, 1/16

Exhibit 27 — Excerpts from Principles of Federal Appropriations Law

Defendants’ request for oral argument, 2/5/16

 

Plaintiff’s notice of additional information, 2/16/16

Opinion, 5/12/2016

Order, 5/12/2016

Notice of appeal, 7/6/2016

Appellants’ statement of issues on appeal, 8/15/2016

Scheduling order, 9/13/2016

Appellants’ opening brief, 10/24/2016

Members of Congress amicus, 10/31/2016

AHIP BCBSA amicus, 10/31/2016

 

American Hospital Assn amicus, 10/31/2016

Families USA amicus, 10/31/2016

Economic and Health Policy Scholars amicus, 10/31/2016

Dellinger Eskridge Strauss amicus, 10/31/2016

Unopposed motion to extend briefing schedule, 11/1/2016

House motion to hold appeal in abeyance, 11/21/2016

Government opposition to holding appeal in abeyance, 11/23/2016

House reply supporting abeyance, 11/28/2016

Abeyance order, 12/5/2016

Patton Parker motion to intervene and affidavits, 12/20/2016

 

Patton affidavit

 

Federal response to motion to intervene, 12/23/2016

House notice re motion to intervene, 12/23/2016

Patton Parker emergency motion partly to lift abeyance, 12/27/2016

House op to lifting abeyance, 12/28/2016

Patton Parker reply supporting partly lifting abeyance, 12/28/2016

D.C. Circuit order directing responses, 12/29/2016

US op to mo to intervene, 1/6/2017

House op to motion to intervene, 1/6/2017

Patton Parker reply supporting intervention, 1/11/2017

Order denying Patton Parker intervention, 1/12/2017

Parties’ joint motion to continue abeyance, 2/21/2017

Continued abeyance order, 3/2/2017

States’ motion to intervene and motion to lift abeyance, 5/18/2017

States interv mo to lift abeyance

 

Joint status report, 5/22/2017

US op lift abeyance, 5/26/2017

House op lift abeyance, 5/30/2017

States’ abeyance reply, 6/2/2017

Notice of intent to intervene by NC and VA, 6/5/2017

Order requesting response to state intervention motions, 6/22/2017

Consent motion for extension of time to respond, 6/27/2017

House opposition to state intervention motion, 7/10/2017

HHS opposition to state intervention motion, 7/10/2017

States’ intervention reply, 7/17/2017

Order granting states’ intervention motion, 8/1/2017

Government notices, 10/13/2017, with Sessions memo, 10/12

States’ status report, 10/30/2017

Joint US House US Govt status report, 10/30/2017

District court ‘motion for indicative ruling,’ 12/15/2017

D.C. Circuit joint report, 12/15/2017

District court order, 1/16/2018

Joint motion for remand, 1/19/2018

 

Order, 3/5/2018

Extension request, 3/17/2018

Extension order to 4/11, 3/19/2018

Supplement in support of joint motion for remand, 4/11/2018

Order granting joint motion to dismiss and remand, 5/16/2018

Order closing case, 5/18/2018

Not filed in House v. Burwell

Memorandum opinion in House v. Mnuchin, No. 1:19-cv-969 (D. D.C., June 3, 2019)

6041370-0–4794

 

California v. Trump

California v. Trump, No. 3:17-cv-05895 (N.D. Cal., filed 10/13/2017)

[Fact sheet, California v. ], 10/13/2017

TRO/PI motion, 10/18/2017

TRO/PI memo, 10/18/2017

TRO/PI proposed order, 10/18/2017

Supporting declarations, etc.
Billups

Brown

Burrell

Busz

Cammarrata

Cantwell

Corlette

de la Rocha

Ely

Ely 2

Ely 3

Eyles

Frescatore

Frigand

Gasteier

Greene

Gustafson

Jones

Keen

Kempski

Ko

Kreidler

Kreidler file0.817461754233715

MacEwan

Maranjian

McLeod

Navarro

O’Toole

Rattay

Redmer

Reyes

Schroer

Shekhter

Sprung

Thomas

Vullo

Wade

Wadleigh

White

Wynn

Mendelsohn (filed later)

Scheduling order, 10/18/2017

Order re briefing, 10/19/2017

order re briefing file0.717666365244565

 

US opposition to TRO, 10/20/2017

Errata Exhibit A

Supporting documents
Exhibit B Witt

Exhibit C Parish

Exhibit D HHS letter

Exhibit E Wu

California reply, 10/21/17

Keen 2

MacEwan 2

Kreidler 2

DeBenedetti

Bertko

Gutierrez

Amicus briefing

American Hospital Assn

AHA exhibit Furlow

AHIP

Families USA

Pelosi

Santa Clara County

US House of Representatives amicus

House exhibit A

House exhibit B

House exhibit C

House amicus Exhibit C

 

House exhibit D

House exhibit E

House exhibit F

House exhibit G

Order denying preliminary injunction, with appendices, October 25, 2017

76-main

 

76-1

 

76-2

 

76-3

 

76-4

 

76-5

 

Notice re D.C. Circuit settlement, December 21, 2017

CAvT D.C. Circuit materials file0.423601170341623

 

Briefing schedule stipulation, January 5, 2018

Briefing schedule order, January 9, 2018

 

New York letter on BHP case, February 7, 2018

Joint notice re House v. Azar order, March 12, 2018

Rescheduling stipulation, April 16, 2018

Rescheduling order, April 18, 2018

Joint notice re House v. Azar, May 23, 2018

Plaintiffs’ motion to stay own case, July 16, 2018

Order dismissing case without prejudice, July 18, 2018

 

The New York Minnesota BHP case

New York and Minnesota v. U.S. D.H.H.S., No. 1:18-cv-683 (S.D. N.Y.)
Complaint, filed January 26, 2018

Attachment 1

Attachment 2

complaint attachment 2 file0.499652668872056

 

Attachment 3

Attachment 4

Attachment 5

Attachment 6

Attachment 7

Attachment 8

Letter from NY to judge re California letter, February 8, 2018

Unopposed US request for extension, March 23, 2018

Second unopposed US request for extension, April 17, 2018

Order approving settlement, May 3, 2018

Letter re amended stipulation, June 8, 2018

Order agreeing to amended stipulation and denying plaintiffs’ request to reopen case and hold it in abeyance, June 8, 2018

Administrative order [not filed in case], August 24, 2018

PROGRAM INTEGRITY

Proposed Exchange program integrity rule (non Federal Register version), to be in 11/9 Federal Register (November 7, 2018)

2018-24504