Bloomberg Law
Sept. 5, 2018, 7:40 PM

Montana Health Insurer Notches Big Win in Obamacare Case

Mary Anne Pazanowski
Mary Anne Pazanowski
Legal Reporter

A Montana health insurer can collect $5 million the federal government owes it under an Obamacare program.

The Affordable Care Act obligates the Health and Human Services Department to repay insurers like Montana Health Co-op for cost-sharing reductions (CSRs) they passed on to their members, the U.S. Court of Federal Claims said Sept. 4. The ACA specifically says the U.S. “shall make” these payments, Judge Elaine D. Kaplan said in granting pretrial judgment for the insurer.

This is the first decision to recognize an insurer’s absolute right to CSR program payments. The ACA “requires health insurance issuers like Montana ...