Confusion Over Risk Corridors Program Payments Continues
By William Roberts, Jonathan Dettmann and Michael Adelberg, Faegre Baker Daniels (May 4, 2017, 1:12 PM EDT) -- For health insurers concerned about when they may receive government payments through the Affordable Care Act's risk corridor program, court decisions have provided little clarity. An April 18 decision by Judge Lydia Kay Griggsby in the U.S. Court of Federal Claims has only added to that uncertainty. In a case brought by Blue Cross and Blue Shield of North Carolina (BCBS), Judge Griggsby found that any government payments owed to BCBS under Section 1342 were not "presently due." Blue Cross and Blue Shield of North Carolina v. United States, No. 16-651C, 2017 (Fed. Cl. April 18, 2017) at *17. After denying BCBS's contractual claims as well, the court dismissed BCBS's complaint for failure to state a claim. Id. at *21....
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