Two new lawsuits were filed this week by insurance companies over a specific provision of the Obamacare health insurance mandate. The targeted provision, known as the “risk adjustment program”, requires health insurers whose members are healthier (and therefore less expensive to insure), to pay monies to their competitors whose members are not as healthy and have experienced “higher-than-expected” medical costs. The theory is that this “redistribution” of profits will free insurers from being ‘financially penalized’ for insuring less healthy members, thereby allowing for lower costs and more innovation in their insurance plans. Couldn’t it also just reward poor performance and inefficiency? But I digress . . . Anyway, the first challenge was filed a couple of months ago by Maryland-based non-profit health insurer, Evergreen Health Cooperative, Inc. Evergreen’s CEO was a long-time supporter of Obamacare – until it was his company’s wealth that was being redistributed! While the Maryland suit is still pending, separate health insurers in Massachusetts and New Mexico each filed lawsuits this week challenging the same “risk adjustment” program requirements. The New Mexico challenge was filed by New Mexico Health Connections where risk adjustments dictate that 5 companies pay a collective $18 million to Blue Cross and Blue Shield of New Mexico. The Massachusetts case was brought by Minuteman Health, which was assessed almost $17 million under the program and along with 9 other insurers, required to pay $86 million to six other insurers!