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Code · BILL · 114th Congress · S. 3481 (Introduced in Senate) — To address payment for claims relating to certain provisions of the Patient Protection and Affordable Care Act. · Sec. 2

Sec. 2. Findings

186 words·~1 min read·/bill/114/s/3481/is/section-2

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Congress finds that— Congress, as demonstrated in the Consolidated and Further Continuing Appropriations Act, 2015 ( Public Law 113–235 ; 128 Stat. 2130) and the Consolidated Appropriations Act, 2016 ( Public Law 114–113 ; 129 Stat. 2242), does not support the use of taxpayer funding for payments made under the risk corridor program under section 1342 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18062 ); on September 9, 2016, the Department of Health and Human Services issued a memo that encouraged the settlement of civil actions relating to the risk corridor program; a 1998 legal opinion from the Office of Legal Counsel states The Judgment Fund does not become available simply because an agency may have insufficient funds at a particular time to pay a judgment ; the Congressional Research Service has concluded that the Judgment Fund would not appear to be available to pay for such judgments under current law ; and Congress wants to prohibit the Department of Health and Human Services from illegally paying claims or settlements, specifically through the Judgment Fund, to insurers for the risk corridor program.
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  • 128 Stat. 2130
  • 129 Stat. 2242
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Sec. 2
Findings
Stat.128 Stat. 2130
Stat.129 Stat. 2242
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