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Statement of ACAP CEO Margaret A. Murray on Supreme Court Dismissal of Cost-Sharing Reduction Reimbursement Case
FOR IMMEDIATE RELEASE: June 24, 2021
FOR MORE INFORMATION: Jeff Van Ness, (202) 204-7515, jvanness@communityplans.net
STATEMENT OF ACAP CEO MARGARET A. MURRAY ON SUPREME COURT DISMISSAL OF COST-SHARING REDUCTION REIMBURSEMENT CASE
WASHINGTON— Margaret A. Murray, Chief Executive Officer of the Association for Community Affiliated Plans (ACAP), released the following statement on the Supreme Court of the United States’ decision not to hear a case concerning unpaid cost-sharing reduction reimbursements:
“ACAP is disappointed by the Court’s decision to leave in place the Federal Circuit’s ruling in this case, a ruling we maintain ignores the ramifications of the Government’s refusal to meet its obligations written in statute—not just for the health insurance marketplace but for anyone doing business with the Federal government.
“The holding is inconsistent with both the ACA’s clear language establishing an obligation that the government ‘shall make…payments’ to plans as well as the Supreme Court’s own ruling last year that the government ‘should honor its obligations.’
“As stated in the amicus brief we filed in this case, these consequences are especially significant for smaller community plans, like ACAP’s members, which are less well-equipped to weather marketplace disruptions or absorb losses than national insurance carriers.
“It is not tenable to require small insurers to wait years without any assurance that they will receive promised recompense for reductions in receipts that follow from their provision of coverage under the ACA.
“We worry this uncertainty sets a dangerous precedent moving forward. Any private party would think twice about partnering with the government if the remedy for a breach of the government’s obligations is expensive, years-long litigation.”
About ACAP:
ACAP represents 78 health plans, which collectively provide health coverage to more than 20 million people. Safety Net Health Plans serve their members through Medicaid, Medicare, the Children’s Health Insurance Program (CHIP), the Marketplace and other publicly-sponsored health programs. For more information, visit www.communityplans.net.
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