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CAUDILL v. BLUE CROSS AND BLUE SHIELD OF NORTH CAROLINA

No. 92-2259.

999 F.2d 74 (1993)

Crystal CAUDILL, Plaintiff-Appellant. v. BLUE CROSS AND BLUE SHIELD OF NORTH CAROLINA, et al., Defendants-Appellees. Crystal CAUDILL, Plaintiff-Appellant, v. BLUE CROSS AND BLUE SHIELD OF NORTH CAROLINA, INC.; Blue Cross and Blue Shield Association, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 29, 1993.

Amended by Order Filed July 9, 1993.

Attorney(s) appearing for the Case

Edward G. Connette, III, Lesesne & Connette, Charlotte, NC, argued (Roy D. Trest, Baxley & Trest, Shallotte, NC, on brief), for plaintiff-appellant.

Terry Bancroft Dowd, Miller & Chevalier, Chartered, Washington, DC; Mark Stanton Thomas, Maupin, Taylor, Ellis & Adams, P.A., Raleigh, NC, argued for defendants-appellees.

Before WIDENER and LUTTIG, Circuit Judges, and MacKENZIE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

MacKENZIE, Senior District Judge:

Plaintiff-Appellant Crystal Caudill ("Caudill") is a federal employee with breast cancer. She seeks treatment called high dose chemotherapy with autologous bone marrow transplant support ("HDC-ABMT"). Defendant-Appellee Blue Cross/Blue Shield of North Carolina is her insurer pursuant to the Federal Employees Health Benefits Act (FEHBA), 5 U.S.C. §§ 8901-8913. The FEHBA authorizes the United States Office...

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