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North Cypress Med. Ctr. Operating Co., Ltd. v. Cigna Healthcare

United States Court of Appeals, Fifth Circuit

March 10, 2015

NORTH CYPRESS MEDICAL CENTER OPERATING COMPANY, LIMITED; NORTH CYPRESS MEDICAL CENTER OPERATING COMPANY GP, L.L.C., Plaintiffs - Appellants Cross-Appellees
v.
CIGNA HEALTHCARE; CONNECTICUT GENERAL LIFE INSURANCE COMPANY; CIGNA HEALTHCARE OF TEXAS, INCORPORATED, Defendants - Appellees Cross-Appellants

Page 183

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Page 185

Appeals from the United States District Court for the Southern District of Texas.

For NORTH CYPRESS MEDICAL CENTER OPERATING COMPANY, LIMITED, NORTH CYPRESS MEDICAL CENTER OPERATING COMPANY GP, L.L.C., Plaintiffs - Appellants Cross-Appellees: John Douglas Sutter, Esq., Kelly, Sutter & Kendrick, P.C., Houston, TX.

For CIGNA HEALTHCARE, CONNECTICUT GENERAL LIFE INSURANCE COMPANY, CIGNA HEALTHCARE OF TEXAS, INCORPORATED, Defendants - Appellees Cross-Appellants: Joshua Benjamin Simon, Warren Haskel, Ryan Daniel McEnroe, Kirkland & Ellis, L.L.P., New York, NY; Alan W. Harris, Esq., Dallas, TX.

For THOMAS E. PEREZ, SECRETARY, DEPARTMENT OF LABOR, Amicus Curiae: Marcia Elizabeth Bove, U.S. Department of Labor, Office of the Solicitor, Plan Benefit Security Division, Washington, DC; Thomas Tso, Esq., U.S. Department of Labor, Office of the Solicitor, Washington, DC.

Before STEWART, Chief Judge, and HIGGINBOTHAM and ELROD, Circuit Judges.

OPINION

Page 186

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This is a dispute over an insurer's obligation to pay a hospital for medical services provided to insured patients. Under the insurance plans, patients are to pay for part of their hospital bills and the insurance company covers the rest. The parties dispute whether the hospital may discount patients' portion ...


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