COMMON GROUND HEALTHCARE COOPERATIVE v. USA

Filing 143

UNREPORTED Order regarding 146 Stipulation for Entry of Partial Judgment as to the Dispute Subclass. The Clerk is directed to enter partial judgment, pursuant to RCFC 54(b), as set forth in the order. Signed by Judge Kathryn C. Davis. (pbf) Service on parties made.

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
______________________________________
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COMMON GROUND HEALTHCARE
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COOPERATIVE,
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)
Plaintiff,
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No. 17-877C
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v.
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Filed: June 1, 2021
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THE UNITED STATES,
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Defendant.
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______________________________________ )
ORDER
On April 13, 2021, the Dispute Subclass, which consists of Freelancers Co-Op of New
Jersey, Inc., and the United States filed a stipulation to entry of judgment. See Stip. for Entry of
Partial J. as to the Dispute Subclass, ECF No. 142. The parties stipulate that the Dispute Subclass
is entitled to payment from the United States in the amount of $44,399,653.90 under the risk
corridors program created by Section 1342 of the Patient Protection and Affordable Care Act, Pub.
L. No. 111-148 (2010), 124 Stat. 119, and the Health Care and Education Reconciliation Act of
2010, Pub. L. No. 111-152 (2010), 124 Stat. 1029 (collectively, the “ACA”), for the 2016 benefit
year. See ECF No. 142 at 3. The parties further stipulate that the United States is entitled to
payment from the Dispute Subclass in the amount of $32,659,026.85, which includes payments
from the Dispute Subclass associated with advance payment of tax credits, cost-sharing reductions,
cost-sharing reduction reconciliations, federally-facilitated exchange user fees, risk adjustment
program user fees, and a start-up loan received from the United States. Id. The parties request
that the Court enter judgment in favor of the Dispute Subclass and judgment in favor of the United
States in accordance with the stipulation. See id. at 3-4.

Having determined pursuant to Rule 54(b) of the Rules of the United States Court of
Federal Claims that there is no just reason for delay, the Court directs the Clerk to enter final
judgment in favor of the Dispute Subclass in the amount of $44,399,653.90 and final judgment in
favor of the United States in the amount of $32,659,026.85. The judgment in favor of the United
States shall be paid and satisfied in full through deduction from the amount owed under the
judgment to the Dispute Subclass, creating a net amount payable by the United States to the
Dispute Subclass totaling $11,740,627.05.
SO ORDERED.

Dated: June 1, 2021

/s/ Kathryn C. Davis
KATHRYN C. DAVIS
Judge

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