Case 1:14-cv-01967-RMC Document 83-1 Filed 12/15/17 Page 1 of 11
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
)
UNITED STATES HOUSE OF REPRESENTATIVES, )
)
Plaintiff, )
)
v. ) Case No. 14-cv-01967-RMC
)
ERIC D. HARGAN, in his official capacity as )
Acting Secretary of Health and Human Services; )
U.S. Department of Health and Human Services; )
STEVEN T. MNUCHIN, in his official capacity as )
Secretary of the Treasury; U.S. Department of the )
Treasury, )
)
Defendants. )
)
EXHIBIT A
Case 1:14-cv-01967-RMC Document 83-1 Filed 12/15/17 Page 2 of 11
SETTLEMENT AGREEMENT
This Settlement Agreement (the Agreement) is entered into by and between (a) the
United States House of Representatives (the House); (b) the United States Department of
Health and Human Services, the United States Department of the Treasury, and their respective
Secretaries (the Agencies); and (c) the States of California, New York, Connecticut, Delaware,
Hawaii, Illinois, Iowa, Kentucky, Maryland, Massachusetts, Minnesota, New Mexico, North
Carolina, Pennsylvania, Vermont, Virginia, and Washington, and the District of Columbia (the
States).
1. In light of changed circumstances, the House, the Agencies, and the States have
determined to resolve the dispute that is pending before the U.S. Court of Appeals for the D.C.
Circuit (Court of Appeals) in United States House of Representatives v. Hargan, et. al, No. 16-
5202 (D.C. Cir.).
2. By no later than two business days after execution of this Agreement, the House and
the Agencies (collectively, the Parties) will submit to the district court a request that the
district court issue an indicative ruling pursuant to Rule 62.1 of the Federal Rules of Civil
Procedure stating that, if the case is remanded by the court of appeals, the district court will
vacate the portion of its final order providing that reimbursements paid to issuers of qualified
health plans for the cost-sharing reductions mandated by Section 1402 of the Affordable Care
Act, Pub. L. 111-148, are ENJOINED pending an appropriation for such payments. ECF
No. 74, United States House of Representatives v. Burwell, et al., No. 1:14-cv-01967-RMC
(D.D.C.). If the district court grants that motion, the Parties and the States will file a motion that
asks the court of appeals to remand the case to allow the district court to grant the motion as
provided in its indicative ruling.
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3. The Parties recognize that the Executive Branch of the United States Government
(Executive Branch) continues to disagree with the district courts non-merits holdings,
including its conclusion that the House had standing and a cause of action to bring this suit. The
Parties agree that because subsequent developments have obviated the need to resolve those
issues in an appeal in this case, the district courts holdings on those issues should not in any way
control the resolution of the same or similar issues should they arise in other litigation between
the House and the Executive Branch. The Parties also recognize that the States continue to
disagree with the district courts merits holding. Accordingly, if the court of appeals grants the
Joint Motion, the Parties agree that the district courts holding on the merits should not in any
way control the resolution of the same or similar issues should they arise in other litigation, and
hereby waive any right to argue that the judgment of the district court or any of the district
courts orders or opinions in this case have any preclusive effect in any other litigation.
4. If the district court grants the motion described in paragraph 2 above and, following
remand from the D.C. Circuit, the district court vacates its injunction in accordance with its
indicative ruling, the Parties and the States agree that this litigation will have been resolved. The
Parties and the States will bear their own fees and costs.
5. If the district court declines to grant the motion described in paragraph 2 above, or
indicates that it would enter other relief not jointly supported by the Parties, this Agreement shall
be of no force and effect and the Parties and the States shall be returned to their respective
positions prior to execution of this Agreement.
6. FULL AUTHORITY TO SIGN. Each person signing this Agreement represents and
warrants that he or she has full authority to execute the Agreement on behalf of himself or
herself, or on behalf of the party or entity on whose behalf he or she signs this Agreement.
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Case 1:14-cv-01967-RMC Document 83-1 Filed 12/15/17 Page 4 of 11
7. EXECUTION IN COUNTERPARTS AND ELECTRONIC SIGNATURES. This
Agreement may be executed and delivered in counterparts, and may be executed by electronic
signature, and if so, shall be considered an original. Each counterpart, when executed, shall be
considered one and the same instrument, which shall comprise the Agreement, which takes effect
on the date of execution by all parties to the Agreement.
/s/ Thomas G. Hungar
Thomas G. Hungar
General Counsel
OFFICE OF GENERAL COUNSEL
U.S. HOUSE OF REPRESENTATIVES
219 Cannon House Office Building
Washington, D.C. 20515
202/225-9700 (telephone)
Counsel for Appellee
Executed this 15th day of December, 2017, in Washington, D.C.
/s/ Chad A. Readler
Chad A. Readler
Acting Assistant Attorney General
U.S. DEPARTMENT OF JUSTICE
Civil Division
950 Pennsylvania Ave., Room 3601
Washington, D.C. 20530
202/353-7830 (telephone)
Counsel for Appellants
Executed this 15th day of December, 2017, in Washington, D.C.
3
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FOR THE STATE OF CALIFORNIA:
Xavier Becerra
Attorney General of California
By: /s/ Edward C. DuMont
Edward C. DuMont
Solicitor General
CALIFORNIA DEPARTMENT OF JUSTICE
455 Golden Gate Ave., Suite 11000
San Francisco, CA 94114
(415) 703-2540
Executed this 15th day of December, 2017, in San Francisco, CA
FOR THE STATE OF NEW YORK:
Eric Schneiderman
Attorney General of New York
By: /s/ Steven C. Wu
Steven C. Wu
Deputy Solicitor General
OFFICE OF THE NEW YORK ATTORNEY
GENERAL
120 Broadway, 25th Floor
New York, NY 10271
(212) 415-6312
Executed this 15th day of December, 2017, in New York, NY
FOR THE STATE OF CONNECTICUT:
George Jepsen
Attorney General of Connecticut
By: /s/ Joseph Rubin
Joseph Rubin
Associate Attorney General
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OFFICE OF THE CONNECTICUT ATTORNEY
GENERAL
55 Elm Street
Hartford, CT 06106
(860) 808-5261
Executed this 15th day of December, 2017, in Hartford, CT
FOR THE STATE OF DELAWARE:
/s/ Aaron R. Goldstein
Aaron R. Goldstein
State Solicitor
DELAWARE DEPARTMENT OF JUSTICE
820 N. French Street
Wilmington, DE 19801
(302) 577-8400
Executed this 15th day of December, 2017, in Wilmington, DE
FOR THE STATE OF HAWAII:
Douglas S. Chin
Attorney General of Hawaii
By: /s/ Donna H. Kalama
Donna H. Kalama
Deputy Attorney General
HAWAII DEPARTMENT OF THE ATTORNEY
GENERAL
425 Queen Street
Honolulu, HI 96813
(808) 586-1224
Executed this 15th day of December, 2017, in Honolulu, HI
FOR THE STATE OF ILLINOIS:
Lisa Madigan
Attorney General of Illinois
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By: /s/ David Franklin
David Franklin
Solicitor General
OFFICE OF THE ILLINOIS ATTORNEY
GENERAL
100 West Randolph Street, 12th Floor
Chicago, IL 60601
Executed this 15th day of December, 2017, in Chicago, IL
FOR THE STATE OF IOWA:
Thomas J. Miller
Attorney General of Iowa
By: /s/ Nathan Blake
Nathan Blake
Deputy Attorney General
1305 East Walnut Street
Hoover State Office Building, Second Floor
Des Moines, IA, 50319
(515) 281-4325
Executed this 15th day of December, 2017, in Des Moines, IA
FOR THE COMMONWEALTH OF KENTUCKY:
Andy Beshear
Attorney General of Kentucky
By: /s/ S. Travis Mayo
S. Travis Mayo
Executive Director
Office of Civil and Environmental Law
OFFICE OF THE ATTORNEY GENERAL
700 Capital Avenue, Suite 119
Frankfort, KY 40601
(502) 696-5300
Executed this 15th day of December, 2017, in Frankfort, KY
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FOR THE STATE OF MARYLAND:
Brian E. Frosh
Attorney General of Maryland
By: /s/ Steven M. Sullivan
Steven M. Sullivan
Solicitor General
OFFICE OF THE ATTORNEY GENERAL OF
MARYLAND
200 St. Paul Place, 20th Floor
Baltimore, MD 21201
(410) 576-6427
Executed this 15th day of December, 2017, in Baltimore, MD
FOR THE COMMONWEALTH OF MASSACHUSETTS:
Maura Healy
Attorney General of Massachusetts
/s/ Mary A. Beckman
Mary A. Beckman
Chief, Health Care and Fair Competition Bureau
OFFICE OF THE MASSACHUSETTS ATTORNEY
GENERAL
One Ashburton Place, 18th Floor
Boston, MA 02108
(617) 963-2110
Executed this 15th day of December, 2017, in Boston, MA
FOR THE STATE OF MINNESOTA:
/s/ Katherine T. Kelly
Katherine T. Kelly
Assistant Attorney General
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OFFICE OF THE ATTORNEY GENERAL OF THE
STATE OF MINNESOTA
445 Minnesota Street, Suite 1200
St. Paul, MN 55101
(651) 757-1308
Executed this 15th day of December, 2017, in St. Paul, MN
FOR THE STATE OF NEW MEXICO:
Hector H. Balderas
Attorney General of New Mexico
By: /s/ Nicholas M. Sydow
Nicholas M. Sydow
Assistant Attorney General
OFFICE OF THE NEW MEXICO ATTORNEY
GENERAL
201 Third St. NW, Suite 300
Albuquerque, NM 87102
(505) 717-3571
Executed this 15th day of December, 2017, in Albuquerque, NM
FOR THE STATE OF NORTH CAROLINA:
Josh Stein
Attorney General of North Carolina
By: /s/ Matthew W. Sawchak
Matthew W. Sawchak
Solicitor General
NORTH CAROLINA DEPARTMENT OF JUSTICE
114 W. Edenton Street
Raleigh, NC 27603
Executed this 15th day of December, 2017, in Raleigh, NC
FOR THE COMMONWEALTH OF PENNSYLVANIA:
Josh Shapiro
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Attorney General of Pennsylvania
By: /s/ Jonathan Scott Goldman
Jonathan Scott Goldman
Executive Deputy Attorney General
PENNSYLVANIA OFFICE OF THE ATTORNEY
GENERAL
Strawberry Square, 15th Floor
Harrisburg, PA 17120
(717) 787-8058
Executed this 15th day of December, 2017, in Harrisburg, PA
FOR THE STATE OF VERMONT:
Thomas J. Donovan
Attorney General of Vermont
By: /s/ Benjamin D. Battles
Benjamin D. Battles
Solicitor General
OFFICE OF THE VERMONT ATTORNEY
GENERAL
109 State Street
Montpelier, VT 05609
(802) 828-5500
Executed this 15th day of December, 2017, in Montpelier, VT
FOR THE COMMONWEALTH OF VIRGINIA:
Mark Herring
Attorney General of Virginia
By: /s/ Trevor Cox
Trevor Cox
Acting Solicitor General
OFFICE OF THE ATTORNEY GENERAL OF
VIRGINIA
202 North Ninth Street
Richmond, VA 23219
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Executed this 15th day of December, 2017, in Richmond, VA
FOR THE STATE OF WASHINGTON:
Robert W. Ferguson
Attorney General of Washington
By: /s/ Jeffrey T. Sprung
Jeffrey T. Sprung
Assistant Attorney General
OFFICE OF THE WASHINGTON ATTORNEY
GENERAL
800 Fifth Avenue, Suite 2000
Seattle, WA 98104
(206) 326-5492
Executed this 15th day of December, 2017, in Seattle, WA
FOR THE DISTRICT OF COLUMBIA:
Karl A. Racine
Attorney General for the District of Columbia
By: /s/ Loren L. AliKhan
Loren L. AliKhan
Acting Solicitor General
OFFICE OF THE ATTORNEY GENERAL FOR THE
DISTRICT OF COLUMBIA
441 4th Street, NW
Suite 600 South
Washington, D.C. 20001
Executed this 15th day of December, 2017, in Washington, D.C.
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