On October 22, 2019, Chief Judge Margaret M. Sweeney held that a class of health insurers were entitled to nearly $1.6 billion from the U.S. government pursuant to a provision of the ACA. 

The judge found that the federal government failed to reimburse the insurers for reducing the members’ cost-sharing obligations as required by specific language of the ACA. 

In her opinion, the judge stated that the “government can create a liability without providing the means to pay for it.” 

The case is Common Ground Healthcare Coop. v. U.S., Fed. Cl., No. 17-877C, 10/22/19.