United States: Eighth Circuit Upholds Dismissal Of Claim Against Department Of Health & Human Services Under ACA Transitional Reinsurance Program For Lack Of Subject Matter Jurisdiction

Seeking reimbursement of fees paid, allegedly by mistake, under the transitional reinsurance program in the Patient Protection and Affordable Care Act ("ACA"), the trustees of the Twin City Pipe Trades Welfare Fund's sued the U.S. Department of Health and Human Services to recoup the payment. The Fund argued the Administrative Procedure Act ("APA") waived the Department of Health & Human Services' sovereign immunity. The district court held that sovereign immunity was waived by the APA only if the suit challenges final agency action, seeks relief other than money damages, and the plaintiff has no other adequate remedy in a court. 5 U.S.C. §§ 702, 704. Finding that the Complaint sought money damages, and that without sovereign immunity the suit should have been filed in the United States Court of Federal Claims, the district court found that the APA did not waive sovereign immunity and dismissed the Complaint. The Eighth Circuit found the district court's decision well-reasoned and affirmed.

Trustees of the Twin City Pipe Trades Welfare Fund, et al. v. Price, No. 16-403 (8^th Cir. Nov. 27, 2017).

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