Please Note: Per the Court's Order Extending Opt-In Deadline, dated November 11, 2022, the deadline to Opt-in to the Electrical Welfare Trust Fund v. United States Litigation has been extended to December 19, 2022.
The information contained on this website is only a summary of the information presented in more detail in the Class Notice. Because this website is just a summary, you should review the Notice for additional details.
What is this lawsuit about?
Plaintiffs allege the Department of Health and Human Services (“HHS”) improperly required self‑administered, self-insured employee health and welfare benefit plans to make Transitional Reinsurance Program ("TRP") contributions for benefit year 2014 under 42 U.S.C. § 18061 of the ACA. The statutory language of 42 U.S.C. § 18061 requires only “health insurance issuers, and third-party administrators on behalf of group health plans” to make TRP contributions. Plaintiffs allege that self-administered, self-insured entities were required to make TRP contributions despite falling outside of this plain statutory language. This lawsuit now seeks the return of all TRP contributions paid by self-administered, self-insured employee health and welfare benefit plans for benefit year 2014 based on HHS’s allegedly unlawful interpretation of 42 U.S.C. § 18061. In denying Defendant’s motion to dismiss and for summary judgment at the outset of the case, the Court indicated agreement with Plaintiff's theory of liability. Elec. Welfare Tr. Fund v. United States, 155 Fed. Cl. 169, 183 (2021).
More detailed information about this lawsuit is contained in the Class Action Complaint filed in this lawsuit. The Class Action Complaint is available under the Important Documents page of this website.
Am I part of this lawsuit?
You will need to decide whether you wish to join this lawsuit as a Class Member. You are not part of the Class unless and until you fill out the Class Action Opt-In Notice Form located at the end of the Notice and available on this website. Rule 23 of the Rules of the United States Court of Federal Claims requires that Class Members wishing to participate in this class action must join or “opt-in” to this class action lawsuit. If you are a self-administered, self-insured entity who made TRP contributions for benefit year 2014, you may be entitled to opt-in and join this lawsuit.
Please Note: This “opt-in” procedure is different from many other class action lawsuits in the United States because, if you do nothing, you will not be able to participate in the lawsuit as a Class Member.
|YOUR LEGAL RIGHTS AND OPTIONS IN THIS CLASS ACTION LAWSUIT:
|ASK TO BE INCLUDED (OPT-IN TO THE CLASS)
Receive any refunds or payments generated from this lawsuit, and be bound by its results.
In order to join the Class, you must submit a Class Action Opt-In Notice Form electronically, by first-class mail, by email, or by pre-paid delivery service. The Class Action Opt-In Notice Form must be submitted, postmarked, or delivered by December 19, 2022.
Get no benefits from the lawsuit. Keep rights to sue the Government separately.
How do I obtain more information?
Detailed information about the Lawsuit is contained in the Notice available for download on the Important Documents page on this website. Additional information can also be obtained by contacting the Administrator by calling toll-free 1-877-654-1971 or emailing info@TRPLitigation.com or mailing a letter to:
c/o JND Legal Administration
PO Box 91381
Seattle, WA 98111