“CMS’s [Nov. 15] announcement makes obvious that HHS is still woefully short on these payments, stating that ‘HHS will use 2016 benefit year Risk Corridors collections to make additional payments toward 2014 benefit year payment balances.’ … [T]he announcement enhances the chances that the appeals court will reach a decision on the merits. Although the briefing for the appeal is now compete, the parties are still waiting for a date for oral argument, and the court is not likely to issue a decision until well into next year.” Faegre Baker Daniels