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July 16, 2020

ACA Litigation Update

On July 13, the United States Supreme Court released its oral argument calendar for October 2020. The latest ACA constitutionality case, Texas v. California is not on that list.

On August 3, the United States District Court for the District of Columbia will hear oral arguments on a motion for a preliminary injunction to stay the effective date of the recent ACA Section 1557 revised final rule from HHS in Whitman-Walker Clinic v. HHS.

On April 27, the U.S. Supreme Court ruled in favor of health insurers claiming the right to receive risk corridor payments as a result of offering qualified health plans that took losses in the ACA marketplace from 2014 to 2016. At least one of those successful insurers has already been issued a federal court of claims judgment stemming from that Supreme Court decision as the decision evolves in the lower courts.