Cost Sharing Reduction (CSR) litigation is the story that will never end.
Update: The court has instead opted to dismiss the case; but states can bring action again if circumstances change i.e. Admin blocks silver-loading in 2020 and beyond. IHP story TK @nicholas_bagley @charles_gaba taking comments ! https://t.co/cPHJlmehsH
â€” Amy Lotven (@amylotven) July 18, 2018
The back story is that when the Trump Administration terminated CSR payments in October 2017, many states, led by California sued.Â The district judge identified that most states used a Silver Loading or Silver Switching strategy to minimize harm so the termination could continue as harm was not shown.
Since then, Silver Loading has been allowed to continue for 2018 and 2019.Â There is a possibility that Silver Loading will not be allowed via rule-making for 2020.Â The judge has dismissed the case without prejudice which means that if Silver Loading is terminated, a harm can be identified.
It will never end.