Risk Corridors and Risk Adjustment

Risk corridors (1342), risk adjustment (1343), and reinsurance (1341)

The Federal Circuit risk corridors cases: Moda, BC BS NC, Land of Lincoln, and Maine CHO

Risk adjustment cases in federal court: Minuteman Health, New Mexico HC, and UnitedHealthcare v. Vullo

Risk corridors cases stayed at the Court of Federal Claims, including Ommen (CoOpportunity), the risk corridor/risk adjustment case where the stay has been lifted and briefing is underway

Other cases, including the Fourth Circuit reinsurance tax refund case

Grey type indicates files that I have not yet uploaded onto the WordPress server.  That includes most of the straightforward risk corridor cases stayed at the Court of Claims, with the exception of the Health Republic case, which is worth having on the server because it’s a Court of Claims opt-in class action.

 

The Federal Circuit cases: Moda, BC BS NC, Land of Lincoln, and Maine CHO

 

The cert petitions

Maine CHO cert petition, #18-1023, 2/4/2019

Maine CHO cert petition

Moda and BC BS NC cert petition, # 18-1028, 2/4/2019

20190204103044808_2019-02-04 Moda Petn FINAL

Land of Lincoln cert petition, # 18-1038, 2/4/2019

20190204183026940_Land of Lincoln Mutual Health Ins. Co. Petition

 

 

Litigation in the Court of Federal Claims and the Federal Circuit

MODA v. U.S., No. 16-649 C (Ct. Fed. Cl., filed 6/1/2016)

Complaint, 6/1/2016

Motion to dismiss, 9/30/2016

Opposition to motion to dismiss and cross motion for summary judgment, 10/25/2016

US motion for stay, 11/16/2016

MODA op to US motion for stay, 11/22/2016

Order denying stay, 11/28/2016

01512421934

 

US response to cross motion, reply supporting motion to dismiss, 12/9/2016

Plaintiff reply in support of cross motion, 12/23/2016

Order setting oral argument, 1/3/2017

Opinion, 2/9/2017

opinion

 

Joint status report re unpaid amounts, 3/1/2017

Order to clerk to enter judgment, 3/2/2017

Judgment, 3/6/2017

 

Appeal file # 17-1994

 

Moda motion to have Land of Lincoln panel handle its case, 5/11/2017

Govt op to Moda same panel motion, 5/12/2017

Moda Govt motion for stay, 5/12/2017

 

Moda same panel reply, 5/15/2017

Moda Moda op to govt mo for stay, 5/17/2017

Moda govt stay reply, 5/18/2017

Order assigning same panel and denying stay, 5/30/2017

US opening brief, 7/10/2017

House amicus brief, 7/17/2017

Moda appellee brief, 8/21/2017

Ass’n Community Affiliated Plans amicus, 8/28/2017

BC BS Ass’n amicus, 8/28/2017

Health Republic amicus, 8/28/2017

NAIC amicus, 8/28/2017

Oregon and other states amicus, 8/28/30/2017

US reply brief, 9/19/2017

Supp authority re 2016 calculations, 12/4/2017

 

Oral argument2017-1994.mp3

 

Moda supp authority re 2019 budget, 2/16/2018

US supp authority response, 2/20/2018

Federal Circuit opinion, 6/14/2018

Petition for rehearing en banc, 7/30/2018

Order, 8/3, for response, 8/17

 

Unopposed motion for extension and consolidation, 8/6/2018

AHIP motion to file amicus, 8/10/2018

Ass’n for Community Affiliated Plans motion to file amicus, 8/13/2018

NAIC amicus motion, 8/14/2018

Oregon amicus motion, 8/14/2018

Oregon amicus, 8/20/2018

BC BS A amicus, 8/13/2018

FC Moda BC BS A rhb amicus

 

NAIC amicus, 8/20/2018

Ass’n for Community Affiliated Plans amicus, 8/20/2018

US response, 8/31/2018

 

Rehearing en banc denial, 11/6/2018

FC RHEB denial and dissents

 

Cert petition, 2/4/2019

# 18-1028

20190204103044808_2019-02-04 Moda Petn FINAL

 

 

Blue Cross and Blue Shield of NC v. U.S., No. 16-651 C (Ct. Fed. Cl., filed 6/2/2016), Risk Corridor case

Complaint, 6/2/2016

Motion to dismiss, 9/30/2016

Opposition to motion to dismiss, 10/31/2016

op to motion to dismiss bc bs nc

 

Reply supporting motion to dismiss, 11/22/2016

Sur-reply opposing motion to dismiss, 12/6/2016

Order for supplemental briefing, 2/13/2017

Plaintiff’s supplemental brief, 3/3/2017

Govt’s supplemental brief, 3/3/2017

Plaintiff’s reply supplemental brief, 3/17/2017

Govt’s reply supplemental brief, 3/17/2017

Scheduling order, 3/24/2017

Opinion, 4/18/2017

Notice of appeal, 6/9/2017

 

Appeal file # 17-2154

 

BCBSNC opening brief, 8/21/2017

Appellee brief, 11/1/2017

Reply brief, 11/29/2017

Request for oral argument, 2/9/2018

Opposition to request for oral argument, 2/12/2018

FC BCBSNC oral argument op

 

US same panel motion, 3/23/18

Same panel order, 3/28/18

FC stay order, 3/30/18

Clerk’s order requesting briefing, 6/18/2018

BC BS NC response, 6/27/2018

Consent motion for entry of judgment, 7/6/2018

Judgment, etc., 7/9/2018

Petition for rehearing en banc, 7/31/2018

Order, 8/3, for response, 8/17

Unopposed motion for extension, 8/6/2018

US response in the 4 cases, 8/31/2018

FC Moda US rhb op

Rehearing en banc denial, 11/6/2018

FC RHEB denial and dissents

Cert petition (together with Moda), 2/4/2018

# 18-1028

20190204103044808_2019-02-04 Moda Petn FINAL

 

Land of Lincoln Mutual Health Insurance Co. v. USA, No. 16-744 (Ct. Fed. Cl., filed 6/23/2016), Risk Corridor case

Complaint, 6/23/2016

Govt motion to dismiss, 9/23/2016

Pltf motion for judgment on administrative record, 9/23/2016

MODA/Health Republic mo for leave to file amicus plus proposed brief, 10/5/2016

Pltf agreement to amicus, 10/6/2016

Govt opposition to amicus, 10/6/2016

Order denying amicus, 10/7/2016

Pltf op to Govt mo to dismiss, 10/14/2016

Govt op to pltf mo for judgment on admin record, 10/14/2016

Govt mo to strike, 10/14/2016

Pltf op to govt mo to strike, 10/17/2016

Govt reply supporting motion to strike, 10/17/2016

Amended scheduling order/denial of motion to strike, 10/18/2016

Govt reply in support of motion to dismiss, 10/19/2016

Pltf reply in support of motion for judgment on administrative record, 10/19/2016

Govt op to pltf motion for judgment, 10/25/2016

Pltf reply in support of motion for judgment, 11/2/2016

Order dismissing case, 11/10/2016

 

Appeal # 17-1224

 

Order denying mo to expedite appeal, 11/23/2016

Appellant’s brief, 1/31/2017

AHIP amicus brief, 2/7/2017

Avera MODA amicus brief, corrected version, 2/9/2017

BC BS SC amicus brief, 2/7/2017

Health Republic amicus brief, 2/7/2017

Highmark amicus brief, 2/7/2017

State health co-ops amicus brief, 2/7/2017

ACHP amicus brief, corrected version, 2/13/2017

US appellee’s brief, 4/25/2017

House motion for leave to file amicus, 5/1/2017

Scheduling order, 5/2/2017

scheduling order re house amicus brief leave request

 

Plaintiff op to House motion for leave to file amicus, 5/8/2017

House pro-amicus reply, 5/11/2017

LOL Moda same panel motion, 5/12/2017

LOL Moda same panel Govt op, 5/12/2017

LOL Moda same panel reply, 5/16/2017

Insurers addl amicus motion, 5/18/2017

Govt addl amicus opposition, 5/18/2017

Insurers addl amicus reply, 5/18/2017

NA state health coops amicus mo, 5/19/2017

US state health coops amicus op, 5/22/2017

Land of Lincoln reply, 5/23/2017

Land of Lincoln House amicus order, 5/30/2017

Land of Lincoln House amicus brief, approved 5/30/2017

Land of Lincoln Moda same panel order, 5/30/2017

LOL Moda same panel order

 

Land of Lincoln supplemental authority 2016 calculations, 12/4/2017

Land of Lincoln supplemental authority notice 2019 budget, 2/16/2018

 

Land of Lincoln supplemental authority response, 2/20/2018

FC LOL budget addl auth US response

 

Federal Circuit opinion, 6/14/2018

Petition for rehearing en banc, 7/30/2018

Order, 8/3, for response, 8/17

US request for extension and consolidated response, 8/6/2018

AHIP motion to file amicus, 8/10/2018

CommonGround motion to file amicus, 8/13/2018

Bundorf motion to file amicus, 8/13/2018

Bundorf amicus, 8/14/2018

FC LOL Bundorf rhb amicus

 

Health Republic amicus, 8/14/2018

AHIP amicus, 8/20/2018

US response in the 4 cases, 8/31/2018

FC Moda US rhb op

Rehearing en banc denial, 11/6/2018

FC RHEB denial and dissents

Petition for certiorari, 2/4/2019

#18-1038

20190204183026940_Land of Lincoln Mutual Health Ins. Co. Petition

 

Maine CHO v. USA, No. 16-967 (Ct. Fed. Cl., filed 8/9/2016), Risk Corridor case

Govt motion for stay, 10/31/2016

Maine CHO motion for summary judgment, 11/3/2016

Maine CHO msj

 

Maine CHO op to Govt motion for stay, 11/11/2016

Maine CHO motion for status conference, 11/17/2016

Order denying motion for status conference, 11/18/2016

order denying mo for status conf

 

Order denying mo for stay, 12/2/2016

Motion to dismiss and summary judgment op, 1/13/2017

Summary judgment reply and mo to dism op, 1/20/2017

Govt mo dism reply, 2/6/2017

Order partially denying dismissal and setting supp briefing, 3/9/2017

Govt supp brief, 3/31/2017

Maine CHO supp brief, 3/31/2017

Govt reply supp brief, 4/10/2017

Maine CHO reply supp brief, 4/10/2017

Maine CHO opinion, 7/31/2017

Notice of appeal, 8/2/2017

Maine CHO notice of appeal

 

Appeal file # 17-2395

 

Opening brief, 10/6/2017

Appellees’ brief, 12/6/2017

Appellants’ reply brief, 12/22/2017

Oral argument2017-1224.mp3

 

Appellant’s supplemental authority, 3/16/18

US response to supplemental authority, 3/20/18

US same panel motion, 3/23/18

Same panel order, 3/28/18

Stay order, 3/30/18

Clerk’s order requesting briefing, 6/18/2018

Consent request for entry of judgment, 6/29/2018

Maine CHO consent motion

 

Judgment, etc., 7/9/2018

Petition for rehearing en banc, 7/30/2018

 

Order, 8/3, for response, 8/17

 

Unopposed motion for extension, 8/6/2018

 

US response in the 4 cases, 8/31/2018

FC Moda US rhb op

Rehearing en banc denial, 11/6/2018

FC RHEB denial and dissents

 

Maine CHO petition for certiorari, 2/4/2019

# 18-1023

Maine CHO cert petition

 

 

Risk Adjustment: Minuteman Health (D. Mass.), New Mexico HC (2 cases: D. N.M.), and UnitedHealthcare v. Vullo (S.D. N.Y.)

 

Minuteman Health v. U.S. DHHS, No. 1:16-cv-11570 (D. Mass.) (risk adjustment)
Complaint, July 29, 2016

Amended complaint, Jan. 12, 2017

Plaintiff’s summary judgment memo, April 6, 2017

Defendant’s opposition/cross motion, May 25, 2017

Plaintiff’s SJ reply XSJ op, July 20, 2017

Defendant’s SJ reply XSJ op, Sept. 14, 2017

minuteman health us xmo reply

Opinion, Jan. 30, 2018

New Mexico Health Connections v. U.S. D.H.H.S., No. 1:16-cv-878 (D. N.M.), and id., No. 1-18-cv-779 (D. N.M.) (risk adjustment)
Complaint, July 29, 2016

Amended complaint, Jan. 12, 2017

Answer to amended complaint, Feb. 23, 2017

NMHC summary judgment memo, April 13, 2017

US op/cross motion, June 1, 2017

NMHC reply/opposition, July 13, 2017

US reply, Aug. 17, 2017

NMHC supp authority, Sept. 18, 2017

US response to supp authority, Sept. 22, 2017

Opinion, Feb. 28, 2018

US motion to alter or amend judgment, March 28, 2018

 

transcript excerpts

 

 

NMHC motion to strike, April 23, 2018

NMHC op to motion to alter or amend, April 23, 2018

 

US op to motion to strike, May 7, 2018

US reply supporting motion to alter or amend, May 17, 2018

NM addl authority (Moda), June 15, 2018

US response to addl authority, June 20, 2018

Clerk’s notes from oral argument, June 21, 2018

CMS notice of progress re interim rule, etc., July 19, 2018

AHIP BCBSA amicus statement, July 19, 2018

US notice, July 25, 2018

NMHC opposition to BCBS amicus, August 1, 2018

NMHC response to US notice, August 1, 2018

US notice, August 8, 2018

NMHC response to US notice, August 13, 2018

NMHC second suit, 1:18-cv-773, filed August 13, 2018

NMHC second suit summary judgment memo, August 13, 2018

NMHC motion to consolidate, August 15, 2018

US notice re filing opposition, August 16, 2018

Withdrawal of consolidation motion, August 29, 2018

Joint motion to reassign, August 29, 2018

Notice of additional authority (Montana HCO CSR), September 6, 2018

 

Joint motion to stay second case, October 5, 2018

New Mexico HC 2 joint motion to stay

Order in first case denying reconsideration, October 19, 2018

New Mexico HC order denying recon

Joint status report in second case, November 2, 2018

nmhc 2 joint status report 11 2 18

Notice of appeal in first case, December 14, 2018

NMHC notice of appeal

Tenth Circuit # 18-2186

Tenth Circuit US request for extension of time, December 26, 2018

US request for xt

Order for extension, December 26, 2018

10C extension order

Second case US unopposed request for extension of time, December 26, 2018

NMHC 2 motion to stay

Order granting stay in second case, December 31, 2018

order granting stay 12 31 18

01/16/2019 [10619511] Appellans motion request made via telephone due to the Government shutdown and lapse in appropriations by Mr. Alex M. Azar, II, Centers for Medicare and Medicaid Services, HHS and Ms. Seema Verma to extend time to file docketing statement and transcript order form until 02/22/2019. TEXT ONLY. Served on 01/16/2019. Manner of Service: fax. [18-2186] [Entered: 01/17/2019 08:38 AM]

Order staying transcript, etc., January 17, 2019

10c nmhc court stay order

Joint status report in second case re appropriations available again, January 28, 2019

nmhc 2 joint status 1 28 19

Question to parties about appellate jurisdiction, February 15, 2019

10C Q to parties about jurisdiction

 

CMS press release, July 7, 2018
CMS risk adjustment press release

CMS notice, July 24, 2018

Proposed risk adjustment rule for 2018 (first version)

2018-17142

Risk adjustment rule for 2018, 83 Fed. Reg. 63419 (Dec. 10, 2018)

2018-26591

 

 

UnitedHealthcare of New York v. Vullo, No. 1:17-cv-7694 (S.D. N.Y.)

Defendant’s motion to dismiss, December 15, 2017/January 24, 2018

Powell declaration supporting motion to dismiss, December 15, 2017/January 24, 2018

Opposition to motion to dismiss/memo supporting summary judgment, January 9, 2018

Defendants’ summary judgment opposition/motion to dismiss reply, February 16, 2018

Reply supporting plaintiffs’ motion for summary judgment, March 16, 2018

Order requesting US amicus filing, June 25, 2018

US request for extension of time, June 27, 2018, partially denied, July 2, 2018

Opinion and Order, August 10, 2018

Judgment, August 13, 2018

Oxford memo for injunction pending appeal, August 23, 2018

file0.852573211343167

Oxford motion for expediting injunction pending appeal, August 23, 2018

Opposition to expediting, August 24, 2018

Reply supporting expediting, August 24, 2018

Order denying expediting, August 27, 2018

Second Circuit No. 18-2583
US opposition to injunction pending appeal, September 5, 2018

Reply supporting injunction pending appeal, September 10, 2018

Order denying injunction pending appeal (District Court), September 21, 2018

Motion for injunction pending appeal (Second Circuit), September 25, 2018
Opposition to motion for injunction pending appeal (Second Circuit), October 4, 2018

 

Second Circuit temporary injunction, October 10, 2018

file0.828762923405645

Reply supporting injunction pending appeal, October 11, 2018

2C UnitedHealthCare v. Vullo pltf IPA reply

Order granting injunction pending appeal, November 19, 2018

UnitedH v. Vullo order granting injunction pending appeal

Appellants’ brief, December 10, 2018

2C UnitedHealthCare Oxford Health opening brief

Appellee’s brief, December 10, 2018

2C UnitedHealthCare Vullo appellee brief

Appellants’ reply brief, December 20, 2018

FC UnitedH v. Vullo appellant’s reply

Appellee’s reply brief, December 20, 2018

FC United H v. Vullo appellee’s reply

12/21/2018  93 CASE CALENDARING, for argument on 02/08/2019, SET.[2461362] [18-2583] [Entered: 12/21/2018 12:23 PM]

 

 

Risk corridors and reinsurance cases stayed or settled at the Court of Federal Claims

 

Reinsurance (1341) case

Nancy G. Atkins, No. 17-1108 (Ct Fed Cl., filed 8/16/2017), Reinsurance 1341 case

Motion for summary judgment, stricken
Unopposed motion for extension of time to answer, 12/18/2017

Partial settlement, 3/5/2018

 

Risk corridor (1342) cases in the Court of Federal Claims

Health Republic Insurance Co. v. U.S., No. 16-259 C (Ct. Fed. Cl., filed 2/24/2016), Risk Corridor class action

Class action complaint, 2/24/2016

Motion to dismiss, 6/24/2016

Opposition to motion to dismiss, 8/15/2016

01512333324

 

Reply supporting motion to dismiss, 9/9/2016

Motion for class certification, 10/5/2016

Motion to appoint interim class counsel, 10/5/2016

motion to appoint interim class counsel

 

House motion for leave to file amicus, 10/13/2016

House proposed amicus brief, 10/13/2016

House amicus brief exhibit 1, 10/13/2016

Health Republic’s op to House as amicus, 10/17/2016

Stipulation re interim class counsel, 10/24/2016

Order re interim class counsel, 10/25/2016

Order denying House’s request, 11/7/2016

Oral argument scheduling request order, 11/10/2016

Oral argument scheduling order, 11/14/2016

Oral argument cancellation order, 12/6/2016

Gov’t’s class cert response, 12/23/2016

Gov’t’s unopposed mo for class cert order plus proposed order, 12/23/2016

Class certification order, 1/3/2017

Order largely denying motion to dismiss, 1/10/2017

Motion for approval of opt in notice, 1/23/2017

 

 

Answer, 1/27/2017

Answer

 

Order approving class notice, 3/1/2017

Plaintiff’s motion for summary judgment, 3/3/2017

Govt’s summary judgment opposition and cross-motion, 4/12/2017

Govt SJ op and x mo

 

Plaintiff’s SJ reply, 5/15/2017

Govt’s SJ reply, 6/2/2017

Health Republic class opt in cover, 6/12/2017

Class opt in list no objection, 6/12/2017

Class opt in list objections, 6/12/2017

Status report order, 6/16/2017

Stay order, 7/11/2017

Status report with class list, 8/10/2017

Joint status report and request for continued stay, 6/28/2018

Continued stay order, 6/29/2018

 

First Priority/Highmark v. U.S., No. 16-587 C (Ct. Fed. Cl., filed 5/17/2016), Risk Corridor case

Complaint, 5/17/2016

Motion to dismiss, 9/16/2016

Penn. motion for leave to file amicus, 10/14/2016

Penn. proposed amicus brief, 10/14/2016

Response to motion to dismiss, 10/14/2016

Gov’t response to amicus request, 10/31/2016

Plaintiff’s sur-reply, 11/10/2016

US response to Penn. amicus brief, 11/17/2016

Plaintiff’s reply to response to Penn. amicus brief, 11/23/2016

Additional authority notices and responses

 

 

 

Order requesting supplemental briefing, 3/24/2017

Plaintiffs’ supplemental brief, 4/7/2017

US supplemental brief, 4/7/2017

Plaintiffs’ second supplemental brief, 5/12/2017

US second supplemental brief, 5/12/2017

Plaintiffs’ third supplemental brief, 9/8/2017

US third supplemental brief, 9/8/2017

Stay order, 12/21/2017

Joint status report and request for continued stay, 6/27/2018

Stay order, 7/11/2018

New Mexico Health Connections v. USA, No. 16-1199 (Ct. Fed. Cl., filed 9/26/16), Risk Corridor case
Complaint, 9/26/2016

Unopposed motion to stay, 10/24/2016

Stayed until 14 days after Land of Lincoln
Joint status report and request for continued stay, 6/27/2018

Continued stay order, 6/27/2018

BCBSM v. USA, No. 16-1253 (Ct. Fed. Cl., filed 10/3/2016), Risk Corridor case

Complaint, 10/3/2016

Joint mo for stay, 12/1/2016

Stayed
Joint status report and request, 7/24/2018

BC Idaho HS v. USA, No. 16-1384 (Ct. Fed. Cl., filed 10/24/2016), Risk Corridor case

Unopposed motion for stay filed, 11/22 and 11/23/2016

Order denying motion to stay, 12/2/2016

Govt mo to dismiss, 3/1/2017

Unopposed mo to stay filed, 3/7/2017

Stay ordered, 3/8/2017
Stay extension request, 6/27/2018

 

Order continuing stay, 6/27/2018

Minuteman Health, Inc. v. USA, No. 16-1418 (Ct. Fed. Cl., filed 10/27/2016), Risk Corridor case

Stay ordered, 11/7
Joint status report continuing stay request, 6/27/2018

Continuing stay order, 6/27/2018

Montana Health Co-Op, No. 16-1427 (Ct. Fed. Cl., filed 10/28/2016), Risk Corridor case

Montana motion for summary judgment, 11/15/2016

Government motion for stay, 11/17/2016

Montana opposition to motion for stay, 11/18/2016

Order denying stay, 12/14/2016

Plaintiff’s supplemental brief, 2/23/2017

Government’s supplemental brief, 2/23/2017

Plaintiff’s second supplemental brief, 5/12/2017

Government’s second supplemental brief, 5/12/2017

Plaintiff’s third supplemental brief, 9/8/2017

Government’s third supplemental brief, 9/8/2017

Montana HCO stay order, 12/21/2017

Joint status report and request for continued stay, 6/27/2018

Continued stay order, 7/11/2018

Alliant Health Plans v. USA, No. 16-1491 (Ct. Fed. Cl., filed 11/14/2016), Risk Corridor case

Unopposed stay, 12/14/2016

Continued stay order, 9/4/2018

Status report, 9/19/2018

BC BS South Carolina v. USA, No. 16-1501 (Ct. Fed. Cl., filed 11/14/2016), Risk Corridor case

Unopposed motion for stay, 12/28/2016

Stayed
Voluntary dismissal due to opting in to Health Republic, 5/30/2017

Neighborhood Health Plan v. USA, No. 16-1659 (Ct. Fed. Cl., filed 12/19/2016), Risk Corridor case

Stay granted 1/30/17 and 5/4/17, pending Land of Lincoln
Joint status report, 6/25/2018

Stay order, 6/26/2018

Health Net, Inc. v. USA, No. 16-1722 (Ct. Fed. Cl., filed 12/30/2016), Risk Corridor case

Request for stay, 3/1/2017

Order denying stay, 3/2/2017

US motion for stay, 6/22/2017

Health Net op to stay, 7/10/2017

US stay reply, 7/12/2017

Additional stay authority, 7/18/2017

60 day stay order, 10/23/2017

Joint status report to continue stay, 11/28/2017

Joint status report to continue stay, 6/27/2018

Continued stay order, 7/11/2018

HPHC Insurance v. USA, No. 17-87 (Ct. Fed. Cl., filed 1/18/2017), Risk Corridor case

Joint status report, 2/16/2017

Order denying stay, 2/21/2017

Amended complaint, 3/8/2017

HPHC motion for partial summary judgment, 3/8/2017

Gov’t motion to dismiss and partial summary judgment op, 4/13/2017

HPHC partial summary judgment reply/cross motion opposition, 4/28/2017

Gov’t reply supporting mo to dismiss, 5/15/2017

Stay order, 7/11/2017

Joint status report and request for continued stay, 6/27/2018

Continued stay order, 6/28/2018

Medica Health Plans v. USA, No. 17-94 (Ct. Fed. Cl., filed 1/23/2017), Risk Corridor case

Joint motion for stay, 3/10/17

Stayed
Joint status report and request for continued stay, 8/16/18

Continued stay order, 8/16/18

Blue Cross Blue Shield of Kansas City v. USA, No. 17-95 (Ct. Fed. Cl., filed 1/23/2017), Risk Corridor case

Gov’t motion to dismiss, 5/23/2017

Consent stay order, 6/14/2017

Joint status report and request for continued stay, 6/27/2018

Molina Healthcare of California v. USA, No. 17-97 (Ct. Fed. Cl., filed 1/23/2017), Risk Corridor case

Plaintiffs’ motion for partial summary judgment, 3/14/2017

Order denying stay, 3/24/2017

US opposition/cross-motion, 4/28/2017

Molina reply/opposition, 5/30/2017

Oral argument issues order, 6/20/2017

Opinion, 8/4/2017

Joint status report with amount and stay, 8/25/2017

Stay order, 8/28/2017

Joint status report and request for continued stay, 6/27/2018

Continued stay order, 6/27/2018

Blue Cross and Blue Shield of Alabama v. USA, No. 17-347 (Ct. Fed. Cl., filed 3/14/2017), Risk Corridor case

Unopposed motion for stay until 6/30/17, 5/11/17

Stay order, 5/11/17

Joint status report and request for continued stay, 6/22/2018

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

Continued stay order, 7/2/2018

Bluecross Blueshield of Tennessee v. USA, No. 17-348 (Ct. Fed. Cl., filed 3/14/2017), Risk Corridor case

Unopposed motion for stay until 6/30/17 filed and granted, 5/11/17

Joint status report and request for continued stay, 6/22/2017

Joint status report and request for continued stay, 6/26/2017

Continued stay order, 6/27/2017

Sanford Health Plan v. USA, No. 17-357 (Ct. Fed. Cl., filed 3/15/2017), Risk Corridor case

Plaintiff’s motion for partial summary judgment, 3/22/2017

Govt motion for stay, 4/20/2017

Plaintiff’s opposition to stay, 4/24/2017

Govt stay reply, 4/27/2017

Stay order, 5/1/2017

Joint status report and request for continued stay, 6/27/2018

Order continuing stay, 8/6/2018

Farmer v. USA, No. 17-363 (Ct. Fed. Cl., filed 3/17/2017), Risk Corridor case

US motion to stay, 5/4/2017

Response to motion to stay, 5/22/2017

Reply supporting stay, 6/2/2017

Stay order, 6/7/2017

stayed
Joint status report and request for continued stay, 6/28/2018

Continued stay order, 6/28/2018

Health Alliance Medical Plans v. USA, No. 17-653 (Ct. Fed. Cl., filed 5/18/2017), Risk Corridor case

Motion for stay, 6/22/2017

Op to motion for stay, 7/10/2017

Reply supporting stay, 7/12/2017

Stay, 7/17/2017

Joint status report and request for continued stay, 6/27/2018

Continued stay order, 6/28/2018

EmblemHealth v. USA, No. 17-703 (Ct. Fed. Cl., filed 5/26/2017), Risk Corridor case

Unopposed motion for stay, 7/25/2017

Joint status report, 7/13/2018

Order for continued stay, 7/16/2018

CommonGround Healthcare Cooperative v. USA, No. 17-877 (Ct. Fed. Cl. filed 6/27/2017), Risk Corridor case
for CSR part of case, see above

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

Motion for approval of risk corridor class notice, 1/26/2018

Order denying risk corridor class notice, requiring motion to be resubmitted, 1/29/2018

Revised class notice motion, 2/1/2018

Order approving risk corridor class notice, 2/1/2018

Notice of risk corridor class, and class list, 5/15/2018

 

Joint status report, 6/28/2018

Continued stay order (but see above re CSR), 6/29/2018

 

Highmark, 17-898

xt

Highmark unopposed xt request

xt

Highmark stay 1 2 19

Joint status report, 2/1/19

Highmark joint status report 2 1 19

Order lifting stay, 2/4/19

Highmark order lifting stay

 

Nancy G. Atkins (Kentucky H Coop), No. 17-906 (Ct Fed Cl., filed 7/6/2017), Risk Corridor case

Motion for summary judgment, 7/26/2017

Motion to stay, 8/7/2017

Op to motion to stay, 8/21/2017

Reply supporting motion to stay, 8/28/2017

Order denying motion to stay, 9/11/2017

Motion to transfer, consolidate, 9/17/2017

Response to motion to transfer, consolidate, 9/19/2017

Reply re motion to transfer, consolidate, 9/21/2017

Op to summary judgment, cross-motion, 10/10/2017

Order denying motion to transfer, consolidate, 10/16/2017

Reply supporting summary judgment/op to cross motion, 11/7/2017

 

Stay order, 12/1/2017

 

Ommen (CoOpportunity Health) v. USA, No. 17-957 (Ct Fed. Cl., filed 7/17/2017), Risk Corridor and risk adjustment  case

Ommen (CoOpportunity) risk corridor complaint

 

Stay mo, 8/10/2017

Stay op, 8/24/2017

Motion for summary judgment, 8/24/2017

Stay reply, 9/1/2017

Stay order, 9/5/2017

Joint motion for extension to file status report, and order, 6/28/2018

 

Joint status report, 7/24/2018

Ommen (CoOpportunity) joint status 7 24 18

Order lifting stay, 7/26/2018

Ommen (CoOpportunity) order lifting stay

First amended complaint, 8/24/2018

Ommen (CoOpportunity) first amended complaint

US motion to dismiss, 10/26/2018

Ommen (CoOpportunity) US motion to dismiss

Second request for shutdown stay, 1/16/2019

ommen (coopportunity) second shutdown xt stay request unopposed

Order extending time, 1/17/2019

ommen (coopportunity) stay order 1 17 19

 

Wisconsin Physicians Service Insurance v. USA, No. 17-1070 (Ct. Fed. Cl., filed 8/7/2017), Risk Corridor case

Unopposed motion to stay, 8/23/2017, and order

 

Joint status report and request to continue stay, 6/27/2018

HealthNow New York v. USA, No. 17-1090 (Ct. Fed. Cl., filed 8/11/2017), Risk Corridor case

US motion to stay, 8/28/2017

Plaintiff opposition to stay, 9/11/2017

US reply supporting stay, 9/14/2017

Plaintiff motion for summary judgment, 9/18/2017

Stay order, 9/25/2017

Joint status report and request for continued stay order, 6/27/2018

Continued stay order, 6/28/2018

Premera BC LifeWise v. USA, No. 17-1155 (Ct Fed. Cl., filed 8/25/2017), Risk Corridor case

Order asking about stay, 9/12/2017

Joint status report, 9/18/2017

Stay order, 9/18/2017

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

Continued stay order, 6/26/2018

Status report and request for continued stay, 7/25/2018

Continued stay order, 7/25/2018

Premera BC risk corridor joint status 10 23 18

Premera BC risk corridor continued stay order 10 23 18

Premera BC continued stay request 12 21 18

Premera BC stay 1 2 19

 

Tom Glause v. USA, No. 17-1157 (Ct Fed Cl., filed 8/25/2017, risk corridor case

Unopposed motion for stay granted, 10/13/2017
Joint status report and request for continued stay, 6/25/2018

Maria T. Vullo v. USA, No. 17-1185 (Ct Fed Cl., filed 9/1/2017, risk corridor and other claims case

Joint motion for stay, 10/4/2017

Joint status report and request for continued stay, 6/28/2018

HealthyCT v. USA, No. 17-1233 (Ct Fed Cl., filed 9/12/2017), reinsurance and risk corridor case

Stay ordered, 10/13/2017
Joint status report and request for continued stay, 6/27/2018

Montana HCO v. USA, No. 17-1298 (Ct Fed Cl., filed 9/20/2017), risk corridor 2016 case

Montana CHO motion for summary judgment, 11/8/2017

US motion for stay, 11/16/2017

Op to stay, 11/30/2017

Reply supporting stay, 12/6/2017

Joint status report and request for continued stay, 6/27/2018

Continued stay order, 7/11/2018

QCC Ins. Co. v. USA, No. 17-1312 (Ct Fed Cl., filed 9/22/2017), risk corridor case

Unopposed motion to stay, 10/20/2017

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

Continuing stay order, 6/26/2018

Harvard Pilgrim HC v. USA, No. 17-1350 (Ct Fed Cl., filed 9/27/2017), risk corridor 2016 case

Stay ordered, 9/29/2017

Joint status report and request for continued stay, 6/27/2018

Continued stay order, 6/28/2018

Consent motion to stay briefing, 1/22/2019

harvard pilgrim consent motion for stay

 

Maine CHO v. USA, No. 17-1387 (Ct Fed Cl., filed 9/29/2017), risk corridor 2016 case

Stay order, 11/2/2017

Joint status report and request for continued stay, 6/27/2018

Continued stay order, 8/6/2018

Sanford HP v. USA, No. 17-1432 (Ct Fed Cl., filed 10/4/2017), risk corridor 2016 case

Stay order, 11/2/2017

Joint status report and request for continued stay, 6/27/2018

Continued stay order, 8/6/2018

L.A. Care Health Plan v. USA, No. 17-1542 (Ct Fed Cl., filed 10/16/2017), risk corridor case

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

US stay reply, 3/5/2018

Stay order, 3/5/2018

Joint status report, 7/16/2018

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

Partial SJ memo, 9/19/2018

Humana, Inc. v. USA, No. 17-1664 (Ct Fed Cl., filed 11/2/2017), risk corridor case

Govt motion to stay, 11/24/2017

Stay order, 11/27/2017

Plaintiff objection, 11/28/2017

Joint status report and request for continued stay, 6/27/2018

Health Alliance Medical Plans v. USA, No. 17-1759 (Ct Fed Cl., filed 11/9/2017), risk corridor 2016 case

HAMP stay order, 11/17/2017

Joint status report and request for continuing stay, 6/27/2018

Continued stay order, 6/28/2018

Scott and White HP v. USA, No. 17-1850 (Ct Fed Cl.), filed 11/29/2017), risk corridor case

Scott and White unopposed motion to stay, 12/21/2017

Scott and White joint status report, 6/20/2018

Scott and White order continuing stay, 6/20/2018

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

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

Continued stay order, 6/26/2018
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Sendero HP v. USA, No. 17-2048 (Ct Fed Cl.), filed 12/27/2017), risk corridor case

Order inquiring about stay, 1/25/2018

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

Continued stay order, 6/27/2018

Community Health Choice v. USA, No. 18-5 (Ct Fed Cl.), filed 1/2/2017), risk corridor case

Joint status report, 7/16/2018

18-34

xt

Healthestate xt

Oregon’s Health Co-Op v. USA, No. 18-94 (Ct Fed Cl., filed 1/19/2017), risk corridor case

Unopposed motion for stay, 1/30/2018

Joint status report and request for continued stay, 6/27/2018

Continued stay order, 6/29/2018

First Priority v. USA, No. 18-96 (Ct Fed Cl., filed 1/19/2017), risk corridor case

Unopposed motion for stay filed and granted, 2/26/2018
Joint status report and request for continued stay, 6/27/2018

Affinity Health Plan v. USA, No. 18-110 (Ct Fed Cl., filed 1/23/2018), risk corridor case

Unopposed motion for stay, 2/14/2018

Stay order, 2/14/2018

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

Continued stay order, 6/27/2018

Blue Cross Blue Shield of Vermont v. USA, No. 18-241 (Ct Fed Cl., filed 2/15/2018), risk corridor case

Joint motion to stay, 3/1/18

Joint status report and request for continued stay, 6/27/2018

Continued stay order, 7/11/2018

Blue Cross Blue Shield of Arizona v. USA, No. 18-282 (Ct Fed Cl., filed 2/23/2018), risk corridor case

Unopposed motion for stay, 3/20/2018

Stay order, 3/22/2018

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

Continued stay order, 6/27/2018

Molina Healthcare v. USA, No. 18-333 (Ct Fed. Cl., filed 3/5/2018), risk corridor case

Molina [CSR] motion for stay, filed 4/11/2018

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

Molina stay order, 4/12/2018

Blue Cross Blue Shield of Nebraska v. USA, No. 18-491 (Ct Fed. Cl., filed 4/3/2018), risk corridor risk adjustment case

Unopposed motion to stay, 6/11/2018

Stay order, 6/12/2018

Joint status report, 7/16/2018

McLaren Health Plan v. USA, No. 18-608 (Ct Fed. Cl., filed 4/27/2018), risk corridor case

Unopposed motion to stay, 6/4/2018

Joint status report and request to continue stay, 6/27/2018

Continued stay order, 7/9/2018

 

Other risk corridors, etc., cases in state or federal court

Dowling v. U.S. D.H.H.S., No. 1:17-cv-494 (N.D. Ill.), Memorandum and Order on reconsideration, July 2, 2018

19211414-0–8624

Hammer v. U.S. D.H.H.S, No. 18-2583 (7th Cir.), opinion, Sept. 25, 2018

Seventh Circuit order

Electrical Welfare Trust Fund v. U.S., No. 17-1937 (4th Cir.), opinion, Oct. 23, 2018