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Congress Can Change Mind On ACA Funding, Fed. Circ. Told

Law360, Washington (January 10, 2018, 5:40 PM EST) -- A government lawyer on Wednesday urged the Federal Circuit to reject insurers' efforts to make taxpayers cover a $12 billion Affordable Care Act shortfall, saying "it doesn't matter" if the ACA made certain provisions for the government to offset insurers' losses, as Congress has the power to change its mind.

Even if the ACA established government payment obligations for insurer “risk corridors” offsetting industry losses during Obamacare’s first three years, Congress can always change its mind, U.S. Department of Justice attorney Alisa B. Klein told the...
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