Ohio State Chiropractic Ass'n v. Humana Health Plan Inc.

BOGGS, Circuit Judge.

When Humana discovered that it had accidentally paid chiropractors more than was required by Medicare, it decided to withhold portions of subsequent payments. The chiropractors brought suit in state court and Humana used the officer-removal statute to remove the case to federal court. Humana does not act under a federal agency in its capacity as a Medicare Advantage organization. We therefore reverse and remand with instructions that the district court remand this case to the state court from which it was removed.

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Medicare Advantage (MA) allows individuals to receive…