This morning the Federal Circuit issued one precedential opinion affirming the United States Court of Federal Claims in a Tucker Act case. Here is the introduction to the opinion.
Conway v. United States (Precedential)
The government appeals a final judgment of the United States Court of Federal Claims. J.A. 21; see also Conway v. United States, 145 Fed. Cl. 514 (2019) (“Claims Court Op.”). In 2016, a Colorado court ordered Colorado Health Insurance Cooperative, Inc., into liquidation. At the time, the government owed Colorado Health $24,489,799 for reinsurance debts under the Patient Protection and Affordable Care Act (ACA), Pub. L. No. 111-148, 124 Stat. 119 (2010), and related regulations. Colorado Health, on the other hand, owed the Department of Health and Human Services approximately $42,000,000 for risk adjustment debts, another program under the ACA and related regulations. The government attempted to leapfrog other insolvency creditors through offset, rather than paying its debt in full and making a claim against Colorado Health’s estate as an insolvency creditor. The Claims Court, however, ordered the government to pay. For the following reasons, we affirm.