Partial Vindication for Insurers in Cost-sharing Reduction Litigation: Implications for State Insurance Regulation

On August 14, 2020, the Court of Appeals for the Federal Circuit affirmed a lower court ruling that the federal government is liable to insurers selling marketplace health plans for the loss of cost-sharing reduction (CSR) reimbursements mandated under the Affordable Care Act (ACA). However, the court determined that the federal government could reduce the damages it owes to insurers because most successfully mitigated their losses through a practice called silver loading.

In her latest “Expert Perspective” for the Robert Wood Johnson Foundation’s State Health & Value Strategies program, Sabrina Corlette untangles this complex litigation and discusses its implications for state premium rate regulation. You can read the full post here.





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