Risk Corridors and Risk Adjustment

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

The Federal Circuit risk corridors cases, now recently resolved in the insurers’ favor by the U.S. Supreme Court: Moda, BC BS NC, Land of Lincoln, and Maine CHO

Risk corridors cases that had been 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

Grey type indicates files that I have not uploaded onto the WordPress server. 

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

Other cases, including the Fourth Circuit reinsurance tax refund case

 

The Supreme Court Risk Corridor Opinion

Maine Community Health Options v. United States, No. 18-1023 (U.S., April 27, 2020)

18-1023_m64o

 

Supreme Court Briefing in Maine CHO (18-1023), Moda/Blue Cross Blue Shield of North Carolina (18-1028), and Land of Lincoln (18-1038); oral argument transcript, December 10, 2019

Maine CHO

Opening brief, August 30, 2019

20190830144530676_18-1023ts

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

20190906141403068_Brief

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 2019SET 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

18-1023 ) MAINE COMMUNITY HEALTH OPTIONS V. UNITED STATES ) 18-1028 ) MODA HEALTH PLAN, INC. V. UNITED STATES ) 18-1038 ) LAND OF LINCOLN MUTUAL HEALTH V. UNITED STATES The motion of petitioners for enlargement of time for oral argument and for divided argument is denied.

Petitioners’ reply brief, November 19, 2019

20191119141716260_18-1023rb

 

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

Moda/BCBSNC reply brief, November 19, 2019

20191120125558779_2019-11-20 Moda Merits Reply FINAL

 

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

Land of Lincoln reply brief, November 19, 2019

20191120163457697_18-1038rb

 

Oral argument, December 10, 2019

18-1023_k5gm

 

The cert paperwork: 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

Maine CHO cert petition

US second request for extension of time to respond, 3/29/2019

20190329182717379_18-1023

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 2019Joint 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

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

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

Cert response (in all 4 cases), 5/8/2019

20190508160508998_18-1023 18-1028 18-1038 – Maine Cmty et al. – Opp

Federal Circuit order (7 5), 6/5/2020

FC Moda order for briefing 6 5 2020

Stipulation for remand, 6/26/2020

FC stip to remand

Federal Circuit remand, 6/30/2020

FC mandate

 

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), 2/4/2019

# 18-1028

20190204103044808_2019-02-04 Moda Petn FINAL

For cert response, see Moda

Federal Circuit order for further briefing (7 5), 6/5/2020

FC BC BS NC order for briefing 6 5 2020

Federal Circuit remand, 6/24/2020

FC remand 6 24 20

Order for status report (7 6) and hearing (7 21), 6/24/2020

BCBSNC status report order

 

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

For response, see Moda

Federal Circuit order for briefing (7 5), 6/5/2020

FC Land of Lincoln order for briefing 6 5 2020

Remand order, 6/18/2020

FC LOL remand

Stipulation for entry of judgment, 6/27/2020

LOL stip entry judgment

Order for entry of judgment, 6/29/2020

LOL order for judgment

Judgment, 6/30/2020

LOL judgment

 

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

For response, see Moda

Maine CHO reply

20190522145344810_18-1023.cert.rb-1

Federal Circuit order for briefing (7 5), 6/5/2020

FC Maine CHO order for briefing 6 5 20

Remand order, 6/18/2020

FC Maine CHO remand

Stipulation for entry of judgment, 6/22/2020

Maine CHO stip entry judgment

 

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

A list of pending risk corridor cases, May 13, 2020

A list of pending risk corridor cases 5 13 20

A rolling list of pending risk corridor cases

a-list-of-pending-risk-corridor-cases-7-3-20

 

Cases, by ascending Court of Federal Claims file number:

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

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

Health Republic continued stay order 6 29 18

 

Motion to include additional class members, 3/11/2020

Mo to include addl class members

 

Order re additional class members, 3/12/2020

Order including addl class members

Joint status report, 5/12/2020

joint status report 5 12 2020

Scheduling and additional stay order (to 6/29), 5/14/2020

45 day stay and scheduling order

Motion to include additional class member, 6/23/2020

Health Republic addl class member 6 23 20

Order adding class member, 6/24/2020

order adding class member

Joint status report (7 13), 6/29/2020

Health Republic joint status 6 29 20

Scheduling order (7 10), 6/30/2020

scheduling order 6 30 20

 

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

FP stay order

Joint status report, 5/12/2020

joint status report 5 12 20

Stipulation for entry of judgment, 6/26/2020
 
 
Consolidation and judgment order, 6/29/2020
 
 
Judgment, 6/29/2020
 
 
 
 

 

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

continued stay

Joint status report, 5/12/2020

joint status report 5 12 20

Order lifting stay, next status report 6 26, 5/12/2020

order lifting stay

First amended complaint, 6/12/2020

NMHC risk corridor amended complaint

Joint status report, 6/26/2020

 

NMHC joint status 6 26 20

Stay order (7 10), 6/26/2020

NMHC stay to 7 10

Stipulation for entry of judgment, order for judgment, judgment, all 6/30/2020

stip for entry of judgment

order directing judgment

NMHC judgment

 

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

Complaint, 10/3/2016

bcbsm complaint

Joint mo for stay, 12/1/2016

joint mo for stay

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

Stay order, 7/25/2018* (report w/in 30 days)

stay order 7 25 18

Joint status report, 5/27/2020

joint status report 5 27 20

Amended complaint, 5/28/2020

BCBSM amended complaint

Order for entry of judgment, 6/25/2020

BCBSM order for judgment

Judgment, 7/2/2020

bcbsm judgment

 

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

order denying mo for stay

 

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

 

Order for further status report, 5/12/2020

BC ID order further status

Joint status report, 5/29/2020

BC ID joint status report 5 29 20

Status report order (for 6 29), 6/3/2020

BC BS ID status order 6 3 20

Stipulation for entry of judgment, 6/29/2020

BC ID stip entry judgment

Judgment, 7/2/2020

bc idaho judgment

 

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

joint status report 7 19

Order continuing stay, 7/11/2019* (report w/in 30 days)

order continuing stay 7 11 19

Joint status report, 5/27/2020 (to 6 26 or 6 29)

joint status report 5 27 20

Status report order (for 7 9), 6/2/2020

Minuteman status order 6 2

 

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

order continuing stay 7 11 19

Joint status report, 5/12/2020

joint status report 5 12 20

Stipulation for entry of judgment, 6/26/2020

 

Montana HCO RC stip entry judgment

Consolidation and entry order, 6/29/2020

Montana HCO consol and order

Judgment, 6/29/2020

Montana HCO judgment

 

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

Joint status report, 9/19/19

alliant j status

Order extending stay, 9/24/19* (report w/in 30 days)

alliant continued stay

Joint status report, 5/27/20 (to 7 10)

joint status report 5 27 20

Order, for 7/10, 5/28/20

Alliant scheduling order

 

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

order staying case 6 26 18

Joint status report, 5/12/2020

joint status report 5 12 20

Order for next status report 6 26, 5/12/2020

 

NHP order, next status 6 26

Joint status report, 6/26/2020

NHP joint status 6 26 20

Continued stay order (7 27), 6/26/2020

NHP continued stay to 7 27

 

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

 

Joint status report 5/12/2020

joint status report 5 12 20

Motion for leave to file amended complaint, with amended complaint, 5/27/2020

mo leave am cplt

Joint status report, 5/29/2020

Health Net joint status report 5 29

Health Net status order (6 29), 6/3/2020

Health Net joint status order 6 3 20

Health Net amended complaint, 6/3/2020

HealthNet amended complaint

Health Net joint status report (7 13), 6/29/2020

Health Net joint status report 6 29 20

Status report order (7 13), 7/1/2020

HealthNet status report order

 

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

continued stay order

Joint status report, 7/12/2019

HPHC joint status 7 12 19

 

Continued stay order, 7/12/2019* (report w/in 30 days)

HPHC continued stay 7 12 19

Joint status report, 5/27/2020

joint status report 5 27 20

Status report order (for 7 7), 6/2/2020

HPHC status order 6 2

Stipulation for entry of judgment, 6/26/2020

HPHC stip entry judgment

 

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* (report w/in 30 days)

Medica continued stay order

Order for status report by 6/23, 5/18/2020

Medica order for status report 6 23

 

Amended complaint, 5/28/2020

medica risk corridor amended complaint

Stipulation for entry of judgment, 6/19/2020

medica stip entry judgment 6 19 20

Order for entry of judgment, 6/19/2020

Medica order directing judgment

Judgment, 6/19/2020

Medica judgment

 

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

Joint status report, 5/12/2020

joint status report 5 12 20

Order for joint status report in 45 days, 5/13/2020

order for joint status rpt 45

Stipulation for entry of final judgment, 6/29/2020

Stip for entry of final judgment

Order for judgment, and judgment, 6/30/2020

Order for judgment

judgment

 

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

continued stay order

Joint status report, 5/12/2020

joint status report 5 12 20

Order for joint computation of damages w/in 30 days, 5/13/2020

post Maine CHO order

 

Joint status report, 6/12/2020

Molina joint status 6 12 20

Stipulation for judgment, 6/17/2020

molina stip for judgment

Judgment, 6/19/2020

Molina judgment 6 19 20

 

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

continued stay order

Unopposed motion to lift stay, 5/8/2020

 

unopposed mo to lift stay

Order lifting stay, 5/11/2020

order lifting stay

First amended complaint, 5/13/2020

first amended complaint

Joint status report, 5/29/2020

BC BS AL joint status 5 29 20

Status report order (6 29), 6/3/2020

status report order 6 3

Stipulation for entry of judgment, 6/26/2020

BC BS AL stip entry judgment

Joint status report, 6/26/2020

BC BS AL joint status 6 26 20

 

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, 6/26/2018

Continued stay order, 6/27/2018

Order vitiating stay, 5/5/2020

order vitiating stay

First amended complaint, 5/18/2020

BC BS TN first amended complaint

Joint status report, 5/29/2020

BC BS TN joint status 5 29 20

Order (for 6 29), 5/29/2020

BC BS TN scheduling order

Stipulation for entry of judgment, 6/26/2020

BC BS TN stip entry judgment

Order for entry of judgment, 6/26/2020

BC BS TN order entry judgment

Judgment, 6/26/2020

BC BS TN judgment

 

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

sanford sanford stay op

 

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

 

Joint status report, 5/12/2020

joint status report 5 12 20

Stipulation for entry of judgment, 6/26/2020

Sanford RC stip entry judgment

 

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* (report w/in 30 days)

continued stay order

Joint status report, 5/27/2020 (to 7 13)

 

joint status report 5 27 20

Status report order (to 7 13)

Farmer status order 5 29 20

 

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

Health Alliance stay mo reply

 

Stay, 7/17/2017

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

Continued stay order, 6/28/2018

 

Joint status report, 5/12/2020

joint status report 5 12 20

Stipulation for entry of judgment, 6/26/2020

HAMP stip entry judgment

Non-acceptance of stipulation (7 7), 6/30/2020

 

Non-acceptance 6 30 20

Stipulation for entry of judgment, 6/30/2020

second stipulation

Order for judgment, 7/2/2020

HAMP order for judgment

 

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* (report w/in 30 days)

order for continued stay

Joint status report, 5/27/2020

 

joint status report 5 27 20

Scheduling order, 5/28/2020 (to 6 26)

scheduling order

Joint status report (to 7 10), 6/26/2020

 

Emblemhealth joint status 6 26

Scheduling order, 6/29/2020

scheduling order for 7 10 20

 

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

 

Motion to include additional class members in 2016 risk corridors class, May 11, 2020

motion to include addl

 

Joint status report, with attachments, May 12, 2020

joint status report 5 12 20

Post-Maine CHO order, next status report, June 29, May 14, 2020

order lifting stay

US nonopposition to including additional class members, May 26, 2020

us nonop addl class members

Order including additional class members, May 27, 2020

order including addl class mbrs

Motoin for additional class members, June 23, 2020

Common Ground 2016 mo addl class 6 23 20

Order for additional class members, June 24, 2020

Common Ground 2016 addl class member order

Joint status report, June 29, 2020

Common Ground joint status 6 29 20

Scheduling order (7 10), June 30, 2020

Common Ground scheduling order for 7 10

 

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

NGA SJ ms

 

Motion to stay, 8/7/2017

Op to motion to stay, 8/21/2017

NGA stay op

 

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* (report w/in 30 days)

 

Status report order (for 6 29), 5/29/2020

Atkins status report order

Joint status report (for 7 13), 6/29/2020

joint status report 6 29 20

 

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 stay order

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

Order vitiating stay, 5/7/2020

order vitiating stay

Joint status report (for 6/12), 5/29/2020

Ommen joint status 5 29 20

Status report order (for 6/12), 5/29/2020

Ommen status report order

Joint status report with request for settlement judge, 6/12/2020

Ommen (CoOpportunity) joint status 6 12 20 settlement judge request

Alternative dispute resolution referral, 6/15/2020

Ommen ADR referral

 

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* (proposal for report w/in 30 days)

joint status 12 6 18

Joint status report, 5/19/2020

joint status 5 19 20

 

Order for status report 6/29, 5/20/2020

Wisc P order for status report

Stipulation for entry of judgment, 6/29/2020

stip entry judgment

Order for entry of judgment, 6/30/2020

order entry judgment

Judgment, 6/30/2020

WP judgment

 

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

 

Joint status report, 5/12/2020

joint status report 5 12 20

Order for 6/26 status report, 5/13/2020

order for status report 6 26, 5 13 20

Stipulation for entry of judgment, 6/26/2020

HealthNow New York stip for entry of judgment

Order for judgment, 6/29/2020

HealthNow NY order for judgment

Judgment, 6/29/2020

HealthNow judgment

 

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

Premera BC LifeWise joint status report and request for continued stay

 

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

Joint status report, 7/11/2019

joint status 7 11 19

Order continuing stay, 7/11/2019* (report w/in 30 days)

continued stay 7 11 19

First amended complaint, with exhibits, May 20, 2020

LifeWise first amended cplt w x

Joint status report, May 27, 2020

joint status report 5 27 20

Status report order (6 18), June 2, 2020

Premera status order 6 2

Scheduling order (6 26), June 18, 2020

Premera BC sch order

Stipulation for entry of judgment, June 26, 2020

Premera BC stip entry judgment

Order for judgment, June 29, 2020

Order for judgment

Judgment, June 29, 2020

judgment

 

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

 

joint status report 5 12 20

Order for status report w/in 45 days, 5/13/2020

order for status report 45

Joint status report, 6/29/2020

joint status report 6 29 20

Order (7 30?), 6/30/2020

order, further status 30

 

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

order continuing stay 7 1 19

Joint status report, 5/11/2020

joint status report 5 11 20

Status order (next for 6 25), 6/19/2020

Vullo status order 6 19

Joint status report, 6/25/2020

Vullo joint status 6 25 20

Continued stay order (next for 8 24), 6/26/2020

Lacewell continued stay 6 26 20

 

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

stay 7 12 18

Joint status report, 5/12/2020

joint status report 5 12 20

Order for status report 6/29, 5/14/2020

order for 45 status

Joint status report (7 13), 6/29/2020

HealthyCT joint status 6 29 20

06/29/2020 ORDER: The parties, in their latest 15 Joint Status Report, have requested an additional fourteen (14) days, within which to file a stipulation, or a joint status report regarding the timing and nature of further proceedings in this matter. The parties’ request is granted. Joint Status Report due by 7/13/2020. Signed by Judge Matthew H. Solomson. (si) Service on parties made. (Entered: 06/29/2020)

 

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

order continuing stay 7 11 18

Joint status report, 5/12/2020

2016 case joint status report 5 12 20

Stipulation for entry of judgment, 6/26/2020

 

Montana HCO RC stip entry judgment

Consolidation and entry order, 6/29/2020

Montana HCO consol and order

Judgment, 6/29/2020

Montana HCO judgment

 

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

continuing stay order

Motion to lift stay, 5/8/2020

motion to lift stay

Order lifting stay, 5/12/2020

order granting mo lift

 

First amended complaint and exhibits, 5/21/2020

first amended cplt plus x

Joint status report, 5/29/2020

QCC joint status report 5 29 20

Stipulation for entry of judgment, 6/26/2020

QCC stip entry judgment

Joint status report, 6/26/2020

QCC joint status report 6 26 20

Judgment, 7/2/2020

qcc judgment

 

 

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* (report w/in 30 days)

Harvard Pilgrim stay 7 12 19

Joint status report, 5/27/2020

joint status report 5 27 20

Status report order (for 7 7), 6/2/2020

Harvard Pilgrim status order 6 2

Stipulation for entry of judgment, 6/26/2020

HPHC stip entry judgment

 

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

 

Joint status report, 5/12/2020

joint status report 5 12 20

Stipulation for entry of judgment, 6/22/2020

Maine CHO 2 stip entry judgment

 

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

 

Joint status report, 5/12/2020

joint status report 5 12 20

Stipulation for entry of judgment, 6/26/2020

 

Sanford RC stip entry judgment

 

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

Joint status report, 5/12/2020

joint status report 5 12 2020

Order for status report by 6/12, 5/14/2020

order for status report by 6 12 5 14 20

Joint status report, 6/12/2020

L.A. Care risk corridor joint status 6 12 20

Order for partial judgment, 6/18/2020

L.A. Care partial judgment

54(b) judgment, 6/19/2020

L.A. Care 54 b judgment

 

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

 

Joint status report, 5/12/2020

joint status report 5 12 20

Joint status report (for 7 10), 6/26/2020

Humana joint status report 6 26 20

Order for further report or stipulation for judgment by 7 13, 6/29/2020

Humana order 6 29 20

 

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

Joint status report and request

 

Continued stay order, 6/28/2018

 

Joint status report, 5/12/2020

joint status report 5 12 20

Stipulation for entry of judgment, 6/26/2020

HAMP stip entry judgment

Non-acceptance order, 6/30/2020

Non-acceptance

Stipulation for entry of judgment, 6/30/2020

joint stip for judgment

Order for judgment, 7/2/2020

HAMP 2 order for judgment

Judgment, 7/2/2020

HAMP 2 judgment

 

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

 

Scheduling order (for 6 26), 5/29/2020

Scott and White scheduling order

Stipulation for entry of judgment, 6/26/2020

Scott and White stip entry judgment

Judgment, 7/2/2020

Scott and White judgment

 

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

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

Joint status report (for 7 10), 6/26/2020

MDWise joint status 6 26 20

Stipulation for entry of partial judgment (risk corridor), 6/29/2020

stip for partial judgment (risk corridor)

Order for judgment, 7/1/2020

MDWise order for judgment

54(b) judgment, 7/2/2020

MDWise 54 b judgment

 

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

joint status report 7 11 19

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

sendero continuing stay 7 11 19

Motion for leave to amend complaint, 10/3/2019

Sendero HP motion to amend complaint

Order allowing amended complaint, 10/15/2019

Sendero HP order allowing amended complaint

First amended complaint, 10/16/2019

Sendero HP first amended complaint

Joint status report, 5/22/2020

Sendero HP joint status 5 22 20

Status report order (for 6 16), 6/2/2020

Sendero status report 6 2

Scheduling order (for 6 26), 6/16/2020

Sendero HP scheduling order

Joint status report (for 7 10), 6/26/2020

Sendero HP joint status 6 26 20

Stipulation for partial judgment, 6/29/2020

Sendero HP stip for partial judgment

Order for partial judgment on risk corridor claims, 6/30/2020

Sendero HP order for partial judgment

54(b) judgment, 6/30/2020

Sendero HP judgment

 

Community Health Choice v. USA, No. 18-5 (Ct Fed Cl.), filed 1/2/2018), risk corridor case (for CSR case, see other page)

Joint status report, 7/16/2018

joint status report

Scheduling order continuing risk corridor stay, 7/16/2018

 

scheduling order continuing risk corridor stay

Joint status report, 5/12/2020

joint status report 5 12 20

Order, status report in 45 days, 5/14/2020

post Maine CHO order 45

Stipulation for partial risk corridor judgment, 6/29/2020

stip for partial judgment

Order for partial risk corridor judgment, 6/30/2020

partial judgment risk corridor

54(b) judgment, 6/30/2020

CHC 54 b judgment

 

Oregon’s Health Co-Op v. USA, No. 18-94 (Ct Fed Cl., filed 1/19/2018), 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

Oregon H Co Op stay extension

Joint status report, 5/12/2020

joint status report 5 12 20

Order lifting stay, status report 6 29 20, 5/13/2020

 

order lifting stay and status 45

Joint status report (7 13), 6/29/2020

joint status report 6 29 20

 

First Priority v. USA, No. 18-96 (Ct Fed Cl., filed 1/19/2018), risk corridor case

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

Joint status report and request

Joint status report, 5/12/2020

joint status report 5 12 20

Stipulation for entry of judgment, 6/26/2020

First Priority stip entry judgment

 

Consolidation and judgment order, 6/29/2020
 
 
Judgment, 6/29/2020
 
 

 

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

 

Order lifting stay and requiring status report by 6/29, 5/13/2020

order lifting stay report 45

Stipulation for entry of judgment, 6/29/2020

stip for entry of judgment

Final order, 6/30/2020

final order

Judgment, 6/30/2020

judgment

 

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

BC BS VT stay

Joint status report, 5/12/2020

joint status report 5 12 2020

 

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

Arizona continued stay order

Unopposed motion to lift stay, 5/8/2020

unop mo lift stay

 

Order lifting stay and status report 5/29, 5/13/2020

order lifting stay and status report 5 29

First amended complaint, including exhibits, 5/15/2020

BC BS AZ first amended complaint

Joint status report, 5/29/2020

BC BS AZ joint status report 5 29 20

Scheduling order (for 6 30), 5/29/2020

BC BS AZ status order

Stipulation for entry of judgment, 6/26/2020

BC BS AZ stip entry judgment

Joint status report, 6/26/2020

BC BS AZ joint status report 6 26 20

Final order, 6/30/2020

final order

Judgment, 6/30/2020

BC BS AZ judgment

 

Molina Healthcare v. USA, No. 18-333 (Ct Fed. Cl., filed 3/5/2018), risk corridor 2016 case (also CSRs)

Complaint

molina-2016-complaint

 

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

Joint status report, 5/12/2020

joint status report 5 12 20

Order, status report by 6/12, 5/13/2020

post Maine CHO order

Joint status report, 6/12/2020

Molina 2 joint status 6 12 20

Stipulation for judgment, 6/17/2020

molina stip for judgment

Order for judgment, 6/18/2020

Molina 2 order for judgment

54(b) judgment, 6/19/2020

L.A. Care 54 b judgment

 

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* (proposal for report w/in 30 days)

Continued stay request 12 6 18

Joint status report, 5/27/2020

BC BS NE status report 5 27 20

Scheduling order (45 days), 5/27/2020

scheduling order

 

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* (report w/in 30 days)

 

Joint status report, 5/27/2020

Joint status report 5 27 20

Stipulation for final judgment, 6/30/2020

McLaren stip for final judgment

 

Aetna Health (Florida) v. USA, No. 19-1338 (Ct Fed Cl., filed 8/30/19)

Complaint, 8/30/2019

Aetna H FL complaint

Unopposed US motion to stay, 9/18/2019

Aetna H FL mo stay

Stay order, 9/19/2019

Aetna H FL stay order

Joint status report, 5/27/2020

Aetna joint status report 5 27 20

Scheduling order (for 7 13), 5/29/2020

Aetna scheduling order

 

Blue Cross of California v. USA, No. 19-1770 (Ct Fed Cl., filed 11/18/19)

Complaint

BC Calif risk corridor complaint

Consent motion for stay, 12/2/2019

consent motion for stay

Order granting stay, 12/16/2019* (report w/in 30 days)

BSC order granting stay

Joint status report, 5/27/2020

BC CA joint status report 5 27 20

Order, 5/28/2020 (to 6 26)

BC CA order 5 28 20

Stipulation for entry of judgment, 6/26/2020

BC CA stip entry judgment

Order for entry of judgment, 6/29/2020

BC Calif order for entry of judgment

Judgment, 6/29/2020

BC CA judgment

 

Independent Health Benefits Corp. v. USA, No. 20-163 (Ct Fed Cl., filed 2/18/20)

Complaint

IHBC complaint

Consent motion for stay, 3/4/2020

IHBC consent motion to stay

Stay order, 3/5/2020* (report w/in 20 days)

stay order

Joint status report, 5/18/2020

IHBC joint status report

Order lifting stay (for 6 29), 5/19/2020

order lifting stay

Stipulation for entry of judgment, 6/29/2020

stip for entry of judgment

Order for judgment, 6/30/2020

IHBC order for judgment

Judgment, 6/30/2020

IHBC judgment

 

HealthFirst PHSP v. USA, No. 20-179 (Ct Fed Cl., filed 2/20/2020)

Complaint

HF complaint

Consent motion to stay, 3/13/2020

HF consent mo stay

Stay order, 3/16/2020

HF stay order

Joint status report, 5/27/2020

HealthFirst joint status report 5 27 20

Order lifting stay (for 6 26), 5/27/2020

HF order lifting stay

Healthfirst stipulation for entry of judgment, and orders, 6/26/2020

Healthfirst stip entry judgment

Healthfirst order for judgment

Healthfirst order

 

Health Care Service Corp. v. USA, No. 20-259 (Ct Fed Cl., filed 3/9/20)

Complaint

HCSC complaint 3 9 20

Consent motion for stay, 3/26/2020

HCSC consent motion for stay

Stay order, 4/1/2020* (report w/in 20 days)

HCSC stay order 4 1 20

Joint status report, 5/18/2020

HCSC joint status report 5 18 20

Order lifting stay (for 6 29), 5/19/20

HCSC order lifting stay

Stipulation of final judgment, 6/29/2020

HCSC stip of final judgment

Order for final judgment, 6/30/2020

HCSC order for final judgment

Judgment, 6/30/2020

HCSC judgment

 

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

 

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

Joint status report, 6/11/2020

Farmer joint status 6 11 20

Order, 6/12/2020

Farmer order 6 12 20

 

Risk adjustment/reinsurance netting case

Conway v. USA, No. 18-1623 (Ct Fed. Cl.), risk adjustment/reinsurance netting case

Complaint, 10/19/18

Conway netting complaint

Plaintiff’s motion for summary judgment, 12/8/18

Conway pltf MSJ

US summary judgment opposition/cross motion, 3/15/19

Conway US xmo response

Plaintiff’s opposition/reply, 4/12/19

Conway pltf sj reply xmo response

US reply, 5/3/19

Conway US xmo reply

Opinion, 10/3/2019

Conway opinion

Stipulation re judgment amount, 10/18/2019

Conway netting stip re judgment

Judgment, 10/21/2019

conway netting judgment

US notice of appeal, 12/19/2019

conway netting us notice of appeal

Federal Circuit # 20-1292

US opening brief, 4/27/2020-5/5/2020 (corrected)

FC Conway US opening brief (corrected)

Conway appellee brief, 6/8/2020

FC Conway appellee brief

 

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

US appellant brief, March 19, 2019

10C NMHC appellant brief

US appellant brief resubmitted, March 22, 2019

10C NMHC corrected appellant brief

AHIP amicus, March 29, 2019

10C AHIP amicus

NMHC appellee brief, April 22, 2019

10C appellee brief

Second US request for extension of time for reply, April 25, 2019

Document 32

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

10C reply brief

NMHC additional authority (2018 report), July 11, 2019

18-2186_Documents 2018 report

Tenth Circuit opinion, December 31, 2019

10C opinion 12 31 19

Second case stipulation for dismissal, January 9, 2020

NMHC 2 stip for dism

Final judgment in second case dismissing it with prejudice, January 31, 2020

final judgment 1 31 20

 

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.) [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

 
 
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 93CASE 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

2C Circuit letter to HHS

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

2C US amicus

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

 

 

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

 

 

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