Title 42The Public Health and WelfareRelease 119-73not60

§18062 Establishment of Risk Corridors for Plans in Individual and Small Group Markets

Title 42 › Chapter 157— QUALITY, AFFORDABLE HEALTH CARE FOR ALL AMERICANS › Subchapter III— AVAILABLE COVERAGE CHOICES FOR ALL AMERICANS › Part E— Reinsurance and Risk Adjustment › § 18062

Last updated Apr 5, 2026|Official source

Summary

The Secretary must create and run a risk-corridor program for calendar years 2014, 2015, and 2016. Qualified health plans sold in the individual and small-group markets must take part. The program adjusts payments based on how a plan’s allowable costs compare to its total premiums. It is modeled on the Part D regional participating provider organizations program under Medicare. If a plan’s allowable costs are more than 103% but not more than 108% of its target amount, the Secretary must pay the plan 50% of the amount over 103% of the target. If costs are more than 108% of the target, the Secretary must pay the plan 2.5% of the target plus 80% of the amount over 108% of the target. If a plan’s allowable costs are less than 97% but not less than 92% of the target, the plan must pay the Secretary 50% of the difference between 97% of the target and the allowable costs. If costs are less than 92% of the target, the plan must pay the Secretary 2.5% of the target plus 80% of the difference between 92% of the target and the allowable costs. "Allowable costs" means the plan’s total benefit costs (not administrative costs), reduced by any risk-adjustment and reinsurance payments received under sections 18061 and 18063. "Target amount" means the plan’s total premiums, including any government premium subsidies, minus administrative costs.

Full Legal Text

Title 42, §18062

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Secretary shall establish and administer a program of risk corridors for calendar years 2014, 2015, and 2016 under which a qualified health plan offered in the individual or small group market shall participate in a payment adjustment system based on the ratio of the allowable costs of the plan to the plan’s aggregate premiums. Such program shall be based on the program for regional participating provider organizations under part D of title XVIII of the Social Security Act [42 U.S.C. 1395w–101 et seq.].
(b)(1)The Secretary shall provide under the program established under subsection (a) that if—
(A)a participating plan’s allowable costs for any plan year are more than 103 percent but not more than 108 percent of the target amount, the Secretary shall pay to the plan an amount equal to 50 percent of the target amount in excess of 103 percent of the target amount; and
(B)a participating plan’s allowable costs for any plan year are more than 108 percent of the target amount, the Secretary shall pay to the plan an amount equal to the sum of 2.5 percent of the target amount plus 80 percent of allowable costs in excess of 108 percent of the target amount.
(2)The Secretary shall provide under the program established under subsection (a) that if—
(A)a participating plan’s allowable costs for any plan year are less than 97 percent but not less than 92 percent of the target amount, the plan shall pay to the Secretary an amount equal to 50 percent of the excess of 97 percent of the target amount over the allowable costs; and
(B)a participating plan’s allowable costs for any plan year are less than 92 percent of the target amount, the plan shall pay to the Secretary an amount equal to the sum of 2.5 percent of the target amount plus 80 percent of the excess of 92 percent of the target amount over the allowable costs.
(c)In this section:
(1)(A)The amount of allowable costs of a plan for any year is an amount equal to the total costs (other than administrative costs) of the plan in providing benefits covered by the plan.
(B)Allowable costs shall 11 So in original. Probably should be followed by “be”. reduced by any risk adjustment and reinsurance payments received under section 22 So in original. Probably should be “sections”. 18061 and 18063 of this title.
(2)The target amount of a plan for any year is an amount equal to the total premiums (including any premium subsidies under any governmental program), reduced by the administrative costs of the plan.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (a), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part D of title XVIII of the Act is classified generally to part D (§ 1395w–101 et seq.) of subchapter XVIII of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.

Reference

Citations & Metadata

Citation

42 U.S.C. § 18062

Title 42The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60