Summary
granting summary judgment on exhaustion where the claimants "fail[ed] to raise a genuine issue of material fact contesting: ERISA requires exhaustion of administrative remedies; neither [claimant] attempted or completed any pre-suit exhaustion of administrative remedies, as required under the Plan; and no exception to the exhaustion requirement applies"
Summary of this case from Ligotti v. United Healthcare Servs.Opinion
No. 15-13857
07-12-2016
LA LEY RECOVERY SYSTEMS-OB, INC., Plaintiff-Appellant, v. UNITEDHEALTHCARE INSURANCE COMPANY, Defendant-Appellee.
[DO NOT PUBLISH] Non-Argument Calendar D.C. Docket No. 1:14-cv-23451-CMA Appeal from the United States District Court for the Southern District of Florida Before ED CARNES, Chief Judge, WILLIAM PRYOR and FAY, Circuit Judges. PER CURIAM:
UnitedHealthcare Insurance paid Dr. Olivio Blanco, Jr. less than what he requested in compensation for medical services he provided to a participant in an employee health benefit plan administered by UnitedHealthcare. La Ley Recovery Systems-OB purchased Dr. Blanco's claim and sued UnitedHealthcare. Construing the action as one under the Employee Retirement Income Security Act of 1974, the district court granted summary judgment to UnitedHealthcare on the ground that Dr. Blanco and La Ley had failed to exhaust the administrative remedies available under the plan. La Ley appeals that judgment.
After reviewing the record and the parties' briefs, we affirm the district court's grant of summary judgment to UnitedHealthcare for the reasons given in the district court's thorough opinion of June 28, 2015.
AFFIRMED.