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Implementing Health Reform: House Can Sue Administration Over ACA Cost-Sharing Reduction Payments
Health Affairs Blog

On September 9, 215 Judge Rosemary Collyer of the federal district court for the District of Columbia entered an order refusing to dismiss the complaint of the House of Representatives in House v. Burwell. While Judge Collyer dismissed several of the claims in the House’s case, she refused to dismiss the central claim — that the administration is illegally, indeed unconstitutionally, paying out billions of dollars to insurance companies that are reducing cost-sharing for low-income marketplace plan enrollees, as the insurers are required to do under the Affordable Care Act.