Goodsurance

Carriers & the market

Two More Insurers Sue CMS Over Medicare Advantage Star Ratings as Legal Battle Widens

SCAN Health Plan and Alignment Healthcare filed separate federal lawsuits in July, arguing CMS refused to fully apply a court ruling that already forced a recalculation of star ratings for one insurer.

By the Goodsurance editorial teamJuly 17, 2026

The legal dispute over how CMS calculates Medicare Advantage star ratings has grown significantly this month. SCAN Health Plan filed suit July 7 and Alignment Healthcare followed on July 10, both in the U.S. District Court for the District of Columbia. The two cases build on a May 27 ruling in Clover Insurance Company v. HHS, in which a federal judge found that CMS had improperly used two groups of metrics when calculating Clover's 2026 star rating, because those measures were never put through formal notice-and-comment rulemaking.

In response to the Clover ruling, CMS recalculated ratings for all Medicare Advantage insurers, but it dropped only one of the two contested measure sets and kept the other. SCAN and Alignment argue that CMS should have dropped both sets in the industry-wide recalculation, as the court required for Clover, and that retaining the second set for all other plans is arbitrary and unlawful. Both insurers say the outcome would lift their plan contracts to higher star tiers.

Star ratings determine eligibility for quality bonus payments from CMS. Plans rated four stars or higher receive additional per-enrollee payments, which plans may use to fund supplemental benefits. Consumer advocates note that star ratings also appear on Medicare Plan Finder and influence enrollment decisions.

CMS, which did not comment on the pending litigation, has separately appealed the original Clover ruling to the U.S. Court of Appeals for the Eleventh Circuit, signaling it may seek to reverse the finding that drove the recalculations.

In plain words

Two health insurance companies, SCAN and Alignment Healthcare, sued the federal government in early July over Medicare Advantage star ratings. A court had ruled in May that CMS used some measures incorrectly when scoring one insurer, Clover Health. CMS then recalculated scores for all plans, but did not remove all the measures the court questioned. SCAN and Alignment say that was unfair. Star ratings affect both the bonuses plans receive and what patients see when shopping for a Medicare Advantage plan online.

Source: Healthcare Dive
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