The Obama administration is maneuvering to pay health insurers billions of dollars the government owes under the Affordable Care Act through a move that could circumvent Congress. Justice Department officials have privately told several health plans suing over the unpaid money that they are eager to negotiate a broad settlement, which could end up offering payments to about 175 health plans selling coverage on ACA marketplaces. The payments likely would draw from an obscure Treasury Department fund intended to cover federal legal claims, controverting congressional will and intent.
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