Christus Health Gulf Coast v. Aetna, Inc. and Aetna Health, Inc.

397 S.W.3d 651, 56 Tex. Sup. Ct. J. 505, 2013 Tex. LEXIS 296, 2013 WL 1798589
CourtTexas Supreme Court
DecidedApril 19, 2013
Docket11-0483
StatusPublished
Cited by29 cases

This text of 397 S.W.3d 651 (Christus Health Gulf Coast v. Aetna, Inc. and Aetna Health, Inc.) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Christus Health Gulf Coast v. Aetna, Inc. and Aetna Health, Inc., 397 S.W.3d 651, 56 Tex. Sup. Ct. J. 505, 2013 Tex. LEXIS 296, 2013 WL 1798589 (Tex. 2013).

Opinion

Justice WILLETT

delivered the opinion of the Court.

The Texas Prompt Pay Statute entitles physicians and providers to swift payment of undisputed healthcare claims. This case asks whether the duty to pay promptly can be shifted from one company to another. Specifically, can several Houston-area hospitals seek prompt-pay penalties against a health maintenance organization (HMO) for nonpayment of medical services provided to patients under contracts the hospitals had with the HMO’s delegated network, rather than with the HMO itself? The plain language of the Prompt Pay Statute forecloses such a suit: Providers must have contractual privity with the HMO directly, not merely with its delegated network. The statute’s clear HM O-provider requirement is made clearer still by an amendment to the Prompt Pay Statute, which, while inapplicable here (as it postdates these contracts) gives the Commissioner of Insurance the discretionary power to order an HMO to pay providers when its delegated network cannot, thus suggesting only regulatory intervention, not private litigation, is available.

In sum, we decline to depart from the words of the statute. The court of appeals correctly held that the providers alleged no recognized prompt-pay violation, and we affirm its judgment.

I. Facts

Christus Health Gulf Coast, Christus Health Southeast Texas, Gulf Coast Division, Inc., Memorial Hermann Hospital System, and Baptist Hospitals of Southeast Texas (collectively the Hospitals) sued Aetna, Inc. and Aetna Health, Inc. (collectively Aetna) for allegedly violating the Prompt Pay Statute. 1 The parties have previously appeared before the Court, 2 and we briefly summarize the facts.

Aetna and its predecessor provided a Medicare plan entitled “NYLCare 65” through an HMO called NYLCare. 3 It delegated the administration of its NYL-Care plan, including claims processing, to North American Medical Management of Texas (NAMM), a third-party administrator. 4 IPA Management Services (Management Services), a physician-owned affiliate of NAMM, was formed to provide the actual “primary care and specialist” medical services to NYLCare enrollees. For any other services that its physicians could not provide to NYLCare enrollees, Manage *653 ment Services contracted with other providers.

Management Services separately entered into contracts with the Hospitals to secure hospital services for the NYLCare enrollees. Aetna was not a party to these contracts, and it maintains it did not help negotiate or draft them. The Hospitals addressed the enrollees’ hospital bills to “NYLCare” or “NYLCare 65” and submitted them to NAMM for payment. NAMM paid the Hospitals “hundreds of millions of dollars.”

Aetna paid Management Services a capi-tated fee, or a fee per enrollee, for medical care provided to enrollees. Such a fee must be paid regardless of “the type, cost, or frequency of [medical] services furnished.” 5 The parties dispute whether the capitated fee also included the contracted services that Management Services arranged for the enrollees on Aetna’s behalf when Management Services could not provide the services itself.

NAMM and Management Services had financial difficulties and notified Aetna of their insolvency in early August 2000. Six days later, Aetna de-delegated NAMM and immediately assumed responsibility for processing and paying claims. However, Aetna instructed the Hospitals to continue submitting their bills to NAMM. Aetna refused to pay more than $13 million that the Hospitals had billed to NAMM for services incurred by NYLCare enrollees before Aetna de-delegated NAMM.

The Hospitals argue that, pursuant to the Prompt Pay Statute, Aetna should have paid their claims not more than 45 days after they sent the NYLCare bills to NAMM.

II. Procedural History

Previously, we ■ held that determining Aetna’s responsibility for unpaid hospital bills was within the trial court’s jurisdiction. 6 The Hospitals now claim that Aetna was liable under the Prompt Pay Statute for NAMM’s failure to timely pay claims. At trial, the Hospitals moved for summary judgment on Aetna’s alleged prompt-pay violation. Aetna filed a cross-motion for summary judgment, arguing it was not responsible for the $13 million in outstanding bills because it had already prepaid more than $53 million in capitated fees to Management Services in that year alone.The trial court granted Aetna’s cross-motion for summary judgment and denied the Hospitals’ motion.

The court of appeals affirmed, concluding “that the plain language of the Prompt Pay Statute requires contractual privity between the HMO and the provider....” 7 That is, because the Hospitals entered into contracts with Management Services and not with Aetna directly, the Hospitals have no viable prompt-pay claim.

III. Discussion

This is a pure statutory-construction case: What does the Prompt Pay Statute require? We review such questions de novo 8 and, as we recently explained, begin (and often end) with the Legislature’s chosen language:

[T]he truest manifestation of what lawmakers intended is what they enacted. This voted-on language is what constitutes the law, and when a statute’s words- are unambiguous and yield but *654 one interpretation, “the judge’s inquiry is at an end.” 9

We must take the Legislature at its word, respect its policy choices, and resist revising a statute under the guise of interpreting it. 10

In this case, we agree with the court of appeals that the Prompt Pay Statute contemplates contractual privity between HMOs and providers. The statute provides:

(c) Not later than the 45th day after the date that the health maintenance organization receives a clean claim from a physician or provider, the health maintenance organization shall:
(1) pay the total amount of the claim in accordance with the contract between the physician or provider and the health maintenance organization;
(2) pay the portion of the claim that is not in dispute and notify the physician or provider in writing why the remaining portion of the claim will not be paid; or
(3) notify the physician or provider in writing why the claim will not be paid. 11

Thus, an HMO is only required to pay within the 45-day deadline “the total amount of the claim in accordance with the contract between the physician or provider and the health maintenance organization ....” 12

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397 S.W.3d 651, 56 Tex. Sup. Ct. J. 505, 2013 Tex. LEXIS 296, 2013 WL 1798589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christus-health-gulf-coast-v-aetna-inc-and-aetna-health-inc-tex-2013.