Justices Pass on Second Obamacare Cost-Sharing Payment Case

The U.S. Supreme Court Monday said it won’t decide if health insurers’ damages must be limited in their suit against the U.S. government for breaching promises to reimburse them for lowering members’ cost-sharing payments.

The decision represents the final chapter in a long-running dispute over whether the Affordable Care Act’s cost-sharing reduction provision requires the government to reimburse insurers for foregoing costs of up to $2.5 billion normally paid by members.

The U.S. Court of Appeals for the Federal Circuit, in August 2020, held that the ACA unambiguously obligated the government to make up losses insurers suffered when they reduced ...