Monte Hooper v. UnitedHealthcare Insurance

694 F. App'x 902
CourtCourt of Appeals for the Fourth Circuit
DecidedJune 13, 2017
Docket15-2157
StatusUnpublished
Cited by3 cases

This text of 694 F. App'x 902 (Monte Hooper v. UnitedHealthcare Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Monte Hooper v. UnitedHealthcare Insurance, 694 F. App'x 902 (4th Cir. 2017).

Opinion

Unpublished opinions are not binding precedent in this circuit.

TRAXLER, Circuit Judge:

Plaintiff Monte Hooper brought this action against the Michelin Medical Care and Prescription Drug Plan, the Michelin Pension and Benefits Board, and United-Healthcare Insurance Company, under the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq., (“ERISA”), seeking additional reimbursement for a series of steroid knee injections that an orthopedic surgeon administered to his spouse. The district court granted summary judgment to the defendants. We affirm.

I.

Michelin North America, Inc., is engaged in the business of manufacturing and selling tires throughout North America. The Michelin Medical Care and Prescription Drug Plan (the “Plan”) was established by Michelin under ERISA to provide coverage for medical expenses incurred by Michelin employees and then-dependents. The Plan is self-funded by Michelin. The Michelin Pension and Benefits Board (the “Board”) is the plan administrator, delegated the “authority to interpret plan provisions at its discretion, including eligibility for benefits.” J.A. 311,

The Plan operates pursuant to a Summary Plan Description (“SPD”) that functions as both the Plan document and its summary description. The SPD informs plan participants that “[t]he benefit programs are governed by official plan documents.” J.A. 41. Its stated “intent ... is to summarize the plans in a manner to be understood by the average plan participant” and “[tjechnical terms are defined in the Key Terms section” of the Plan. J.A. 41. However, plan participants are encouraged to contact the Michelin Personnel Service Center “[i]f, after reading th[e] SPD,” they “have questions or need more information about the benefit programs.” J.A. 41.

UnitedHealthcare Insurance Company (“UHC”) provides claims processing services for the Plan. It provides no health insurance coverage and pays no benefits out of its own funds. UHC makes the initial benefits determination for Michelin and handles first-level appeals. Plan participants may file a second-level appeal to the Michelin Appeals Board (the “Appeals Board”), which has been delegated the “sole discretionary authority to determine benefit eligibility and to construe plan provisions for all Michelin benefit plans.” J.A, 47. The Appeals Board gives “[n]o deference ... to the original decision [by UHC] to deny the benefit,” and its decision is the final one for purposes of review under ERISA. J.A. 326.

Hooper is an employee of Michelin. He elected coverage for himself and his wife, *905 Joan Hoóper, under the Plan’s “Network-Only” option. 1 J.A. 92. Pertinent to this appeal, the Network-Only Plan provides for payment of “Physician Expenses” for “Office Visits” at 100% of the eligible expenses, subject to a $35 copay per visit for “Family Practice, General Practice, Internal Medicine, Obstetrics and/or OB/GYN, [and] Pediatries,” and to a $65 copay per visit for “Other Specialists.” J.A. 92. Expenses for a “Surgeon” performing “Outpatient Surgery,” which includes “office surgery,” are paid at 80% of the eligible expenses. J.A. 93.

On September 13, 2010, Mrs. Hooper visited Dr. Kyle Cassas, an in-network orthopedic surgeon for treatment of her bilateral knee pain. Dr. Cassas performed a series of therapeutic steroid injections to treat Mrs. Hooper. Dr. Cassas billed UHC for his services utilizing the Current Procedural Terminology (“CPT”) codes from the 2010 CPT codebook. The CPT code-book, which is published by the American Medical Association, contains a uniform “set of codes, descriptions, and guidelines intended to describe procedures and services performed by physicians and other health care providers.” J.A. 791. The code-book is divided into six sections, each with “subsections with anatomic, procedural, condition, or descriptor subheadings.” J.A. 791. “Each procedure or service is identified with a five-digit code,” which “simplifies the reporting of services.” J.A. 791.

Dr. Cassas selected CPT codes 99214 and 99051 for Mrs. Hooper’s office visit, both of which are contained within the “Evaluation and Management” section of the CPT codebook. J.A. 791. Dr. Cassas selected CPT codes 20550 and 20610 for the steroid knee injections, both of which are contained within the “Surgery/Muscu-loskeletal System” section of the CPT co-debook. J.A. 809, 810. CPT code 20550 applies to the following procedures: “Injection(s); single tendon sheath, or ligament, aponeurosis (eg, plantar ‘fascia’).” J.A. 809. CPT code 20610 applies to the following procedures: “Arthrocentesis, aspiration and/or injection; ... major joint or bursa (eg, shoulder, hip, knee joint, subacromial bursa).” J.A. 810. The parties agree that the CPT codes selected by Dr. Cassas were the correct ones for the procedures performed.

Based upon the CPT codes submitted by Dr. Cassas, UHC paid 100% of the eligible expenses associated with Mrs. Hooper’s office visit and 80% of the charges associated with the steroid injections. A prescription drug injection administered during the office visit (coded as J0702) was paid at 100% of the allowable charges. For the office visit, Hooper was responsible for the $65 copay only. For the steroid knee injections, the total eligible expenses were $302.46, leaving Hooper responsible for the 20% coinsurance balance of $60.49. Hooper received notification of UHC’s decision via an Explanation of Benefits form.

On October 6, 2010, Hooper filed a first-level appeal to UHC stating only that: “This is a letter of appeal from charges 9-13-2010 Dr. K. Cassas office visit for an injection for knee pain on my wife Joan K. Hooper. Please review Patient Pays part on this claim, patient responsibility is incorrect.” J.A. 525. By letter dated October 13, 2010, UHC advised Mrs. Hooper that it “want[s] to make decisions about our customers’ requests based on complete information,” and provided a fax number and address for Mrs. Hooper to send “any information that might help ... [UHC] in [its] review of [her] request.” J.A. 526. The *906 Hoopers provided no further basis or information in support of the first-level appeal. On November 3, 2010, UHC upheld its initial decision: “[A]ccording to your Summary Plan Description, under the ‘Schedule of Benefits—Network-Only Plan’ section, ‘Surgeon/Anesthesiologist (includes office surgery)’ subsection, this request for payment was processed correctly,” J.A. 528. “[Sjurgical procedures were reimbursed at 80% of eligible expenses and office visit charges were reimbursed at 100% of eligible expenses after copay.” J.A. 528.

On November 9, 2010, Hooper filed a second-level appeal to the Michelin Appeals Board, again stating only that: “This is a 2nd letter of appeal from charges 9-13-2010 Dr. K, Cassas office visit for an injection for knee pain on my wife Joan K. Hooper. Please review Patient Pays part on this claim, patient responsibility is incorrect.” J.A, 567. On December 2, 2010, the Appeals Coordinator forwarded copies of the pertinent portions of the Plan to Mrs. Hooper and advised her that the claim was paid according to the Plan: 100% minus the $65 copay for the office visit and 80% reimbursement for the surgeon’s expenses associated with the office surgery. Mrs.

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694 F. App'x 902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monte-hooper-v-unitedhealthcare-insurance-ca4-2017.