
October 27, 2026
Two More Stars Suits CVS’ Aetna has become the sixth health plans to sue the Centers for Medicare and Medicaid Services (CMS) over SY 2026 and/or SY 2027 Star ratings. Aetna filed suit Monday in Georgia’s Southern District Court, the same that had the Clover suit. Aetna says 28 measures were “unlawfully adopted” and should have been excluded. The measures were adopted without notice-and-comment rulemaking and 12 also relied on data sources outside CMS’ statutory authority. The suit for SY 2027 challenges the 28 measures across 43 contracts. It relies on a great deal of the Clover decision. Aetna says the CMS actions will likely cost it $2 billion in 2028 quality bonus payments and rebate retention. Aetna asks the court to declare the inclusion of the 28 measures unlawful, order CMS to raise its scores, and award $2 billion in additional bonus payments. Scan also sued Monday on SY 2027.
