Moda Health Plan, Inc. v. United States
United States Court of Federal Claims
1Opinion of the Court
Patient Protection and Affordable Care Act § 1342; Risk Corridors; Presently-Due Money Damages; Ripeness; Chevron Deference; Appropriation Restriction Limiting Statutory Obligation; Judgment Fund; Implied-in-Fact Contract Created by Statute.
OPINION AND ORDER
WHEELER, Judge.
Plaintiff Moda Health Plan, Inc. (“Moda”) offers health insurance plans through Health Benefit Exchanges created under the Patient Protection and Affordable Care Act (“ACA”), Pub. L. No. 111-148, 124 Stat. 119 (2010). To encourage insurers like Moda to offer health insurance on the exchanges, the ACA created a system of risk…
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