United States District Court, E.D. Louisiana
MORGAN UNITED STATES DISTRICT JUDGE.
January 18, 2019, Defendant Baptist Community Health
Services, Inc. (“Baptist”) removed this case from
the Civil District Court for the Parish of Orleans,
Louisiana. Federal courts are courts of limited
jurisdiction and possess only the authority conferred upon
them by the United States Constitution or by
Congress. Therefore, the Court has an
“independent obligation to determine whether
subject-matter jurisdiction exists, even in the absence of a
challenge from any party.” As a result, the Court may
raise the issue of whether it has jurisdiction over this
matter sua sponte.
two of the Notice of Removal first states this Court has
diversity jurisdiction under 28 U.S.C. §
1332. Paragraph two then states this Court has
jurisdiction because the controversy involves a federal
question. The Civil Cover Sheet for this action
states the basis of jurisdiction is this Court's federal
question jurisdiction under the Medicare Act and cites 42
U.S.C. § 1369.
January 24, 2019, the Court ordered Defendant to file an
amended notice of removal establishing the basis for its
assertion that this Court has jurisdiction. Defendant filed
an Amended Notice of Removal stating this Court has federal
question jurisdiction over Plaintiff's claim that
Defendant committed Medicaid fraud, in violation of Louisiana
Revised Statues 14:70.1, because it is “a state law
claim that implicates significant federal
issues.” The Court notes Louisiana Revised Statues
14:70.1 is a Louisiana criminal statute that does not
provide a private cause of action under Louisiana
Court does not have federal question jurisdiction over this
case because Plaintiff's state court petition includes
only three state law causes of action, at best. The state
court petition does not include a cause of action under the
Medicare Act, 42 U.S.C. §§ 1396, 1396a, or any
other federal statute. Even if a private plaintiff could
bring a claim for a violation of Louisiana Revised Statues
14:70.1, such a claim would not raise a substantial issue of
federal law. To demonstrate a violation of Louisiana Revised
Statues 14:70.1, a Plaintiff need only show that Defendant
contravened Louisiana's Medicaid
regulations. The mere fact that the Louisiana
Medicaid program is jointly funded by the federal government
and the State is not sufficient to raise a substantial issue
of federal law. As a result, this claim does not raise a
substantial issue of federal law and this Court is without
jurisdiction to hear this matter. Remand is warranted.
IS ORDERED that this case is hereby remanded to the
Civil District Court for the Parish of Orleans, Louisiana.
 R. Doc. 1.
 Howery v. Allstate Ins. Co.,
243 F.3d 912, 916 (5th Cir. 2001).
 Arbaugh v. Y & H Corp.,
546 U.S. 500, 514 (2006) (citing Ruhgras AG v. Marathon
Oil Co., 526 U.S. 574, 583 (1999)).
In re Bass, 171 F.3d 1016,
1021 (5th Cir. 1999) (“Federal courts must be assured
of their subject matter jurisdiction at all times and may
question it sua sponte at any stage of ...