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VISTA HEALTH PLAN, INC. v. U.S. DEPT. OF HEALTH

No. 20-50963.

29 F.4th 210 (2022)

VISTA HEALTH PLAN, INCORPORATED; Vista Service Corporation, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; Xavier Becerra, Secretary, U.S. Department of Health and Human Services; Centers for Medicare and Medicaid Services; Seema Verma, Administrator of the Centers for Medicare and Medicaid Services, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed March 17, 2022.

Attorney(s) appearing for the Case

Jennifer Scott Riggs , Riggs & Ray, Austin, TX, for Plaintiffs-Appellants.

Jeffrey Eric Sandberg , Attorney, Alisa Beth Klein, Esq. , James Ryan Powers , Trial Attorney, U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, for Defendants-Appellees.

Before Higginbotham, Stewart, and Wilson, Circuit Judges.

The United States Department of Health and Human Services (HHS) implements a risk-adjustment program under the Patient Protection and Affordable Care Act (ACA) in states that choose not to implement the program themselves. The risk-adjustment program is designed to redistribute actuarial risk among health insurance...

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