Risk corridors (1342), risk adjustment (1343), and reinsurance (1341)
The Federal Circuit risk corridors cases, now pending before the U.S. Supreme Court: 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 (now Lacewell)
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 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. I have tried to put up on the WordPress server the most recent pleading in each case that has been stayed.
Supreme Court Briefing in Maine CHO (18-1023), Moda/Blue Cross Blue Shield of North Carolina (18-1028), and Land of Lincoln (18-1038)
Maine CHO
Opening brief, August 30, 2019
AHIP amicus, September 6, 2019
20190906145517152_Nos 18-1023 18-1028 18-1038tsacAHIPpdfa
Wisconsin Physicians Service amicus, September 6, 2019
20190906111328383_WPS Amici Curiae Brief
NAIC amicus, September 6, 2019
20190906134843972_18-1023_18-1028_18-1038tsacNationalAssociationOfInsuranceCommissioners
Association for Community Affiliated Plans amicus, September 6, 2019
Highmark amicus, September 6, 2019
20190906153222882_Nos. 18-1023 18-1028 18-1038 Amicus Brief
Economists amicus, September 6, 2019
20190906160707274_18-1023 Amicus Brief
Blue Cross Blue Shield Ass’n amicus, September 6, 2019
20190906162616641_Amicus_Blue_Cross
U.S. Chamber of Commerce amicus, September 6, 2019
20190906172511564_2019.09.06 Chamber of Commerce Amicus in Moda Health – No. 18-1028
Oregon amicus, September 6, 2019
20190906180804163_Nos. 18-1023 18-1028 18-1038tsac24StatesAndTheDistrictOfColumbia
| Sep 13 2019 | SET FOR ARGUMENT on Tuesday, December 10, 2019. VIDED. |
US respondents’ brief, October 21, 2019
20191021193327456_18-1023bsUnitedStates
Americans for Prosperity amicus, October 25, 2019
20191025131606691_AFP Main Brief
Petitioners’ motion re division of argument time, October 25, 2019
20191025203834496_Filed Motion to Enlarge and Divide Argument
Moda/BC BS NC
Opening brief, August 30, 2019
20190830143120987_18-1028 Brief for Petitioners
For amicus briefs, see Maine CHO
For respondent’s brief, see Maine CHO
Land of Lincoln
Opening brief, August 30, 2019
20190830124053503_18-1023 ts Land of Lincoln
For amicus briefs, see Maine CHO
For respondent’s brief, see Maine CHO
The Federal Circuit cases where the insurers petitioned for and got certiorari: Moda, BC BS NC, Land of Lincoln, and Maine CHO
The cert petitions and cert briefing (note: for a full set of cert-stage amici filings, see Moda, No. 18-1028
Maine CHO cert petition, #18-1023, 2/4/2019
US second request for extension of time to respond, 3/29/2019
Cert response
20190508160601592_18-1023 18-1028 18-1038 – Maine Cmty et al. – Opp
Cert reply
20190522145344810_18-1023.cert.rb
Cert granted, 6/24/2019
Scheduling letter from petitioners, July 12, 2019
20190712143800533_2019-07-12 Moda letter re merits extension FINAL
Moda and BC BS NC cert petition, # 18-1028, 2/4/2019
20190204103044808_2019-02-04 Moda Petn FINAL
AHIP amicus, 3/8/2019
20190308130317204_18-1028 – AHIP Amicus Brief
Highmark amicus, 3/8/2019
20190308124410317_Risk Corridors SCT Amicus Br FINAL 3.8.19
18 States plus DC amicus, 3/8/2019
20190308140126641_Moda Health Final
Ass’n for Community Affiliated Plans amicus, 3/8/2019
20190308142252862_18-1028 Amicus Brief ACAP
NAIC amicus, 3/8/2019
20190308163438724_NAIC – Moda Cert Petition Amicus Brief 4850-5934-5545 v.5
Economists amicus, 3/8/2019
20190308173401539_18-1023 18-1028 and 18-1038 tsac Economists
Chamber of Commerce of US amicus, 3/8/2019
20190308174202859_2019.03.08 Chamber of Commerce of the United States Amicus ISO Petitioners
Blue Cross Blue Shield Ass’n amicus, 3/8/2019
20190308182354583_1 – Risk_Corridors_Amicus_ISO_Certiorari
US second request for extension of time to respond, 3/29/2019
20190329182803739_Extension letter 18-1028 2nd
Cert response
20190508160508998_18-1023 18-1028 18-1038 – Maine Cmty et al. – Opp
Cert reply
20190522145344810_18-1023.cert.rb
Cert granted, 7/24/2019
| Jul 17 2019 | Joint motion of the parties to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners’ briefs on the merits is extended to and including August 30, 2019. The time to file respondent’s brief on the merits is extended to and including October 21, 2019. VIDED. |
Land of Lincoln cert petition, # 18-1038, 2/4/2019
20190204183026940_Land of Lincoln Mutual Health Ins. Co. Petition
US second request for extension of time to respond, 3/29/2019
20190329182844939_Extension letter 18-1038 2nd
Cert response
20190508160601592_18-1023 18-1028 18-1038 – Maine Cmty et al. – Opp
Cert reply
20190524093027350_Land of Lincoln Cert Reply 5-23-19
Cert granted, 6/24/2019
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
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
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
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
Cert petition, 2/4/2019
# 18-1028
20190204103044808_2019-02-04 Moda Petn FINAL
Cert response (in all 4 cases), 5/8/2019
20190508160508998_18-1023 18-1028 18-1038 – Maine Cmty et al. – Opp
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
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
Rehearing en banc denial, 11/6/2018
Cert petition (together with Moda), 2/4/2019
# 18-1028
20190204103044808_2019-02-04 Moda Petn FINAL
For cert response, see Moda
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
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
Health Republic amicus, 8/14/2018
AHIP amicus, 8/20/2018
US response in the 4 cases, 8/31/2018
Rehearing en banc denial, 11/6/2018
Petition for certiorari, 2/4/2019
#18-1038
20190204183026940_Land of Lincoln Mutual Health Ins. Co. Petition
For response, see Moda
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 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
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
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
Rehearing en banc denial, 11/6/2018
Maine CHO petition for certiorari, 2/4/2019
# 18-1023
For response, see Moda
Maine CHO reply
20190522145344810_18-1023.cert.rb-1
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
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
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
Tenth Circuit # 18-2186
Tenth Circuit US request for extension of time, December 26, 2018
Order for extension, December 26, 2018
Second case US unopposed request for extension of time, December 26, 2018
Order granting stay in second case, December 31, 2018
| 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
Joint status report in second case re appropriations available again, January 28, 2019
Question to parties about appellate jurisdiction, February 15, 2019
10C Q to parties about jurisdiction
US appellant brief, March 19, 2019
US appellant brief resubmitted, March 22, 2019
10C NMHC corrected appellant brief
AHIP amicus, March 29, 2019
NMHC appellee brief, April 22, 2019
Second US request for extension of time for reply, April 25, 2019
Order setting reply deadline
| 04/25/2019 | [10643956] Order filed by Clerk of the Court granting IN PART Appellants’ motion to extend time to file apet reply brief. Appellant’s optional reply brief now due 06/03/2019 for United States Department of Health & Human Services, Seema Verma, Alex M. Azar II and Centers for Medicare and Medicaid Services. No further extensions of time will be granted on the clerk’s authority. Served on 04/25/2019. Text only entry – no attachment. [18-2186] [Entered: 04/25/2019 11:00 AM] |
US reply brief, June 3, 2019
NMHC additional authority (2018 report), July 11, 2019
CMS press release, July 7, 2018
CMS risk adjustment press release
CMS notice, July 24, 2018
Proposed risk adjustment rule for 2018 (first version)
UnitedHealthcare of New York v. Vullo, No. 1:17-cv-7694 (S.D. N.Y.) [now Lacewell]
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
Judgment, August 13, 2018
Oxford memo for injunction pending appeal, August 23, 2018
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
Second Circuit temporary injunction, October 10, 2018
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] |
Second Circuit letter to CMS, February 19, 2019
Second Circuit cover letter to Solicitor General, February 19, 2019
2C Circuit cover letter to Solicitor General
US unopposed request for extension, March 4, 2019
2C UnitedHealth v. Vullo US mo xt amicus
US unopposed second request for extension, May 7, 2019
2C United H v. Vullo US addl xt mo
Order setting US response for August 2, May 8, 2019
2C United H. v. Vullo extension order
US amicus brief, August 2, 2019
Order directing responses to US amicus brief, August 7, 2019
2C order for responsive briefing
NY response to US brief, September 23, 2019
2C NY post argument letter brief
Oxford response to US brief, September 23, 2019
2C Oxford post argument letter brief
Reinsurance case being litigated in the Court of Federal Claims
Farmer (Consumers’ Choice) v. U.S., No. 1:18-cv-1484 (Ct Fed Cl, filed 9/26/18)
Complaint
Farmer Consumers Choice reinsurance complaint
US motion to dismiss, 3/4/2019
Farmer Consumers Choice US motion to dismiss
Opposition to motion to dismiss, 4/15/2019
Farmer op to US motion to dismiss 4 15 19
US reply supporting motion to dismiss, 5/6/2019
Farmer US reply supporting mo to dismiss
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
Atkins 1341 partial settlement
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
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
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
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
Pltf resp to def addl auth (Land of Lincoln)
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
Stay order, 7/25/2018
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
Joint status report, 7/11/2019
Order continuing stay, 7/11/2019
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
Stay order, 9/24/2018
Alliant order extending stay 9 24 18
Joint status report, 7/2/2019
Alliant joint status report 7 2 19
Order extending stay, 7/2/2019
Alliant order extending stay 7 2 19
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
Joint status report, 7/12/2019
Continued stay order, 7/12/2019
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
joint status report and request
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
Continued stay order, 6/28/2018
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 CSR page
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 [not sure if this is a 3R case]
xt
xt
Joint status report, 2/1/19
Highmark joint status report 2 1 19
Order lifting stay, 2/4/19
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
Opposition to motion to dismiss, 12/14/2018
Ommen op to 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
US reply supporting motion to dismiss, 3/29/2019
Ommen US motion to dismiss reply
Ommen unopposed request to continue oral argument, 4/10/2019
Ommen unopposed motion to continue hearing on motion to dismiss
Ommen stay order, 4/11/2019
Ommen joint status report, 7/5/2019
Ommen joint status report 7 5 19
Ommen order following joint status report, 7/8/2019
Ommen order following joint status 7 8 19
Ommen joint status report requesting continuing stay, 7/25/2019
Ommen further joint status report rq continued stay 7 25 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
joint status report and request to continue stay
Joint status report and request to continue stay, 12/6/2018
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
Joint status report, 7/11/2019
Order continuing stay, 7/11/2019
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
stay order 10 13 17
Joint status report and request for continued stay, 6/25/2018
Maria T. Vullo (now Linda A. Lacewell) 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
Joint status report and request for continued stay, 7/1/2019
joint status report and request to continue stay 7 1 19
Continued stay, 7/1/2019
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
Stay order, 7/12/2018
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
Joint status report, 7/12/2019
Harvard Pilgrim joint status 7 12 19
Continued stay order, 7/12/2019
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 (also CSR case, see other page)
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
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
Joint status report, 7/11/2019
Continuing stay order, 7/11/2019
sendero continuing stay 7 11 19
Community Health Choice v. USA, No. 18-5 (Ct Fed Cl.), filed 1/2/2017), risk corridor case (for CSR case, see other page)
Joint status report, 7/16/2018
Scheduling order continuing risk corridor stay, 7/16/2018
scheduling order continuing risk corridor stay
18-34 [not a risk corridor case]
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
Joint status report and request for continued stay, 7/13/2018
Molina RC motion continued stay
Order for continuing stay, 7/13/2018
Molina 2 continued stay 7 13 18
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
Joint status report and request to continue stay, 12/6/2018
Continued stay request 12 6 18
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
Conway v. USA, No. 18-1623 (Ct Fed. Cl.), risk adjustment/reinsurance netting case
Complaint, 10/19/18
Plaintiff’s motion for summary judgment, 12/8/18
US summary judgment opposition/cross motion, 3/15/19
Plaintiff’s opposition/reply, 4/12/19
Conway pltf sj reply xmo response
US reply, 5/3/19
Opinion, 10/3/2019
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
Hammer v. U.S. D.H.H.S, No. 18-2583 (7th Cir.), opinion, Sept. 25, 2018
