Legal Opinion

Rencare, Ltd. v. Humana Health Plan of Texas, Inc., Doing Business as Humana Health Plan of San Antonio Humana Hmo of Texas, Inc.

Court of Appeals for the Fifth Circuit

Decided March 15, 2005No. 04-50087PublishedCited by 56 opinions

1Opinion of the Court

BENAVIDES, Circuit Judge:

RenCare appeals the district court’s dismissal of RenCare’s claims for failure to exhaust administrative remedies and the district court’s partial denial of RenCare’s motion to remand its claims to state court. Because RenCare’s claims against Huma-na are not inextricably intertwined with a claim for Medicare benefits and because there are, in fact, no administrative appeal procedures for RenCare to pursue, we reverse both the district court’s dismissal of RenCare’s claims and the district court’s partial denial of RenCare’s motion to remand its claims to state court.

I…

2Cases cited5 opinions

  1. Weinberger v. SalfiSupreme Court of the United States · 1975
  2. Heckler v. RingerSupreme Court of the United States · 1984
  3. MIDLAND PSYCHIATRIC ASSOCIATES, INC., Appellant, v. UNITED STATES of America; Mutual of Omaha Insurance Company, AppelleesCourt of Appeals for the Eighth Circuit · 1998
  4. First Gibraltar Bank, Fsb and Beneficial Texas, Inc. v. Dan Morales, Atty. General, as Attorney General for the State of TexasCourt of Appeals for the First Circuit · 1995
  5. Bodimetric Health Services, Inc. v. Aetna Life & CasualtyCourt of Appeals for the Seventh Circuit · 1990

3Cited by56 opinions

  1. Family Rehab., Inc. v. AzarCourt of Appeals for the Fifth Circuit · 2018
  2. Alvarado Hospital, LLC v. CochranCourt of Appeals for the Federal Circuit · 2017
  3. Global Rescue Jets, LLC v. Kaiser Foundation Health PlanCourt of Appeals for the Ninth Circuit · 2022
  4. Matthews v. LeavittCourt of Appeals for the Second Circuit · 2006
  5. Ohio State Chiropractic Ass'n v. Humana Health Plan Inc.Court of Appeals for the Sixth Circuit · 2016

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