Maine Community Health Options v. United States, 590 U.S. ___ (2020), was a United States Supreme Court case involving the expired Risk Corridors program of the Patient Protection and Affordable Care Act (ACA), through which the Department of Health and Human Services (DHHS) mitigated losses of unprofitable healthcare plans through the profits of the profitable plans during the first three years of the program.
The Federal Circuit Appeals Court rejected those claims, concluding that the subsequent appropriation riders absolved the government of its responsibility to pay.
[2][3] Conceptually, the idea was that by the end of 2016, healthcare plans would have enough data from three years of operations to be able to minimize risk and thus should not have significant losses or profit.
Senator Marco Rubio introduced legislation in November 2013 to amend the ACA to repeal the Risk Corridor program, which he had described as "taxpayer-funded bailouts",[2][5][6] but which failed to pass.
Rubio was able to successfully able to introduce a rider into the 2014 appropriations for the DHHS that prevented CMS from using other accounts to fund payments for the Risk Corridors program, effectively requiring it to be fiscally neutral.
All four had filed separate suits at the United States Court of Federal Claims under the Tucker Act, asserting that §1342 of the ACA held the government responsible to fulfill the payments promised by the Risk Corridor program.
[11] Oral arguments were heard on December 10, 2019, during which observed felt that a bi-partisan majority group of the Justices appeared to side with the insurers, asking questions that compared the Risk Corridor program and its equivalency to a typical business contract.