§Why CasetextPricing

Evergreen Health Cooperative Inc. v. United States Department of Health And Human Services et al

MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim

33 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,024 times   504 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. Lujan v. National Wildlife Federation

    497 U.S. 871 (1990)   Cited 9,545 times   2 Legal Analyses
    Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete

  3. Auer v. Robbins

    519 U.S. 452 (1997)   Cited 2,337 times   88 Legal Analyses
    Holding that a federal agency's interpretation of a regulation is controlling where it is not "plainly erroneous or inconsistent with the regulation"

  4. Norton v. Southern Utah Wilderness Alliance

    542 U.S. 55 (2004)   Cited 1,468 times   6 Legal Analyses
    Holding that agency can be compelled to act if time period is specified by law

  5. Lane v. Pena

    518 U.S. 187 (1996)   Cited 1,874 times
    Holding that any waiver of "sovereign immunity must be unequivocally expressed in statutory text" and "will be strictly construed, in terms of its scope, in favor of the sovereign"

  6. McCarthy v. Madigan

    503 U.S. 140 (1992)   Cited 1,836 times   2 Legal Analyses
    Holding that a prisoner was not required to exhaust the Bureau of Prisons' administrative procedure before making a Bivens claim for money damages

  7. King v. Burwell

    574 U.S. 988 (2015)   Cited 672 times   40 Legal Analyses
    Holding that Congress did not delegate health insurance policy to Internal Revenue Service

  8. Encino Motorcars, LLC v. Navarro

    136 S. Ct. 2117 (2016)   Cited 372 times   18 Legal Analyses
    Holding that agency needed to provide "a more reasoned explanation for its decision to depart from its existing ... policy" in light of serious and ongoing industry reliance on prior policy when negotiating compensation packages

  9. United States v. King

    395 U.S. 1 (1969)   Cited 1,035 times
    Holding that waiver of sovereign immunity “cannot be implied but must be unequivocally expressed”

  10. Randall v. U.S.

    95 F.3d 339 (4th Cir. 1996)   Cited 258 times
    Holding that "Congress intended [in § 2000e-16] to include only civilian employees of the military departments, and not uniformed service members, within the reach of Title VII"

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 346,412 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 702 - Right of review

    5 U.S.C. § 702   Cited 7,057 times   24 Legal Analyses
    Granting judicial review of "agency action"

  13. Section 1491 - Claims against United States generally; actions involving Tennessee Valley Authority

    28 U.S.C. § 1491   Cited 4,639 times   64 Legal Analyses
    Adopting the standard in 5 U.S.C. § 706

  14. Section 704 - Actions reviewable

    5 U.S.C. § 704   Cited 4,251 times   31 Legal Analyses
    Granting judicial review over " final agency action"

  15. Section 18041 - State flexibility in operation and enforcement of Exchanges and related requirements

    42 U.S.C. § 18041   Cited 45 times   2 Legal Analyses
    Limiting impact of title I

  16. Section 18082 - Advance determination and payment of premium tax credits and cost-sharing reductions

    42 U.S.C. § 18082   Cited 25 times
    Codifying ACA section 1412

  17. Section 18061 - Transitional reinsurance program for individual market in each State

    42 U.S.C. § 18061   Cited 18 times   1 Legal Analyses
    Providing that HHS may establish reinsurance programs for states that decline to do so

  18. Section 18062 - Establishment of risk corridors for plans in individual and small group markets

    42 U.S.C. § 18062   Cited 15 times   6 Legal Analyses
    Providing the statutory formula for payments out

  19. Section 18063 - Risk adjustment

    42 U.S.C. § 18063   Cited 14 times   4 Legal Analyses
    Authorizing appropriations in ACA to provide loans to qualified health insurance issuers

  20. Section 153.310 - Risk adjustment administration

    45 C.F.R. § 153.310   Cited 7 times
    Noting that if a state opts for federal risk adjustment administration, it "will forgo implementation of all State functions"

  21. Section 153.510 - Risk corridors establishment and payment methodology

    45 C.F.R. § 153.510   Cited 2 times   4 Legal Analyses
    Providing HHS "will pay" specified amounts to eligible issuers of qualified health plans

  22. Section 156.1220 - Administrative appeals

    45 C.F.R. § 156.1220   Cited 2 times

    (a)Requests for reconsideration- (1)Matters for reconsideration. An issuer may file a request for reconsideration under this section to contest a processing error by HHS, HHS's incorrect application of the relevant methodology, or HHS's mathematical error only with respect to the following: (i) The amount of advance payment of the premium tax credit, advance payment of cost-sharing reductions or Federally-facilitated Exchange user fees charge for a benefit year; (ii) The amount of a risk adjustment

  23. Section 1.36B-4 - Reconciling the premium tax credit with advance credit payments

    26 C.F.R. § 1.36B-4   Cited 1 times

    (a)Reconciliation - (1)Coordination of premium tax credit with advance credit payments - (i)In general. A taxpayer must reconcile the amount of credit allowed under section 36B with advance credit payments on the taxpayer's income tax return for a taxable year. A taxpayer whose premium tax credit for the taxable year exceeds the taxpayer's advance credit payments may receive the excess as an income tax refund. A taxpayer whose advance credit payments for the taxable year exceed the taxpayer's premium

  24. Section 153.530 - Risk corridors data requirements

    45 C.F.R. § 153.530   Cited 1 times

    (a)Premium data. A QHP issuer must submit to HHS data on the premiums earned with respect to each QHP that the issuer offers in a manner specified by HHS. (b)Allowable costs. A QHP issuer must submit to HHS data on the allowable costs incurred with respect to the QHP issuer's non-grandfathered health plans in a market within a State in a manner specified by HHS. For purposes of this subpart, allowable costs must be - (1) Increased by any risk adjustment charges paid by the issuer for the non-grandfathered