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COFC Holds That ACA "Risk Corridors" Program Requires Annual Payment

Client Alert | 1 min read | 01.12.17

In Health Republic Insurance Co. v. U.S. (Jan. 10, 2017), the Court of Federal Claims (Court) rejected the Government’s motion to dismiss a lawsuit filed under the Tucker Act seeking to recover “risk corridors” payments pursuant to §1342 of the Affordable Care Act, holding that “HHS is required to make annual risk corridors payments to eligible qualified health plans” under the ACA, and that the “plaintiff’s claim for unpaid risk corridors payments is ripe for adjudication.” The Court’s decision was based on several factors, including the risk corridors program’s purpose of stabilizing insurance premiums in the ACA’s new and untested health insurance marketplace; notably, the Court held that even if the ACA were ambiguous and the court were to apply a Chevron deference analysis, HHS has interpreted the program to require annual payments, and the agency’s own actions (i.e., making partial annual payments) indicate it believes the program is annual in nature.

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Client Alert | 7 min read | 01.13.26

New rules in relation to work incapacity Strengthened Return-to-Work Policy and Reintegration Trajectory 3.0: What Changes as of 1 January 2026

On 30 December 2025, the Belgian Official Gazette published the Act of 19 December 2025 implementing a strengthened return-to-work policy in case of work incapacity, and the Royal Decree of 17 December 2025 amending the Code of Well-being at Work, commonly referred to as "Reintegration Trajectory 3.0"....