Electrical Welfare Trust Fund v. United States
ACA TRP Litigation– Takings Claims
U.S. Court of Federal Claims No. 19-353C

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What is this lawsuit about?

Plaintiffs allege the Department of Health and Human Services (“HHS”) improperly required self-insured, third-party-administered employee health and welfare benefit plans to make Transitional Reinsurance Program (“TRP”) contributions for benefit years 2014 through 2016 pursuant to 42 U.S.C. § 18061 of the ACA. More specifically, Plaintiffs allege: (1) they have a cognizable property interest in the assets held in trust, (2) the Government violated Plaintiffs’ property interest by appropriating the TRP contributions from their trust accounts, and (3) Plaintiffs were required to make TRP contributions even though they could never receive any benefit from the TRP program. This lawsuit seeks the return of TRP contributions paid by self-insured, third-party-administered plans for benefit years 2014 through 2016 pursuant to the Takings Clause of the Fifth Amendment.

On July 7, 2023, the Court granted the Government’s partial motion for summary judgment and dismissed Plaintiffs’ takings claims. Plaintiffs will pursue an appeal of this Order.

More detailed information about this lawsuit is contained in the Important Documents page of this website.

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TRP Litigation
c/o JND Legal Administration
PO Box 91381
Seattle, WA 98111