A western New York health insurer has filed a lawsuit against the federal government arguing that it is owed more than $38.7 million under an Affordable Care Act program designed to incent insurers into participating in public health exchanges.

HealthNow New York Inc., the parent company of BlueCross BlueShield of Western New York, filed a lawsuit in the U.S. Court of Federal Claims in Washington, D.C., on Aug. 11, arguing that the federal government was in “breach of its risk corridor payment obligation under an implied in-fact contract.”