CORPORATE HEALTH INSURANCE, INC.; Aetna Health Plans of Texas, Inc.; Aetna Health Plans of North Texas, Inc.; Aetna Life Insurance Company, Plaintiffs-Appellees-Cross-Appellants,
v.
THE TEXAS DEPARTMENT OF INSURANCE, Defendant-Cross-Appellee,
Jose Montemayor, Commissioner of the Texas Department of Insurance; John Cornyn, Attorney General, State of Texas, Defendants-Appellants-Cross-Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
July 27, 2000.
July 27, 2000.
Attorney(s) appearing for the Case
John Bruce Shely, Kendall Matthew Gray, Andrews & Kurth, Houston, TX, for Plaintiffs-Appellees-Cross-Appellants.
David Calvin Mattax, Austin, TX, for Montemayor and Cornyn.
David E. Keltner, Jose, Henry, Brantley & Keltner, George Parker Young, Donna Ruth Peery, Friedman, Young, Suder & Cooke, Fort Worth, TX, for Montemayor.
George William Scott, U.S. Dept. of Labor, Office of the Solicitor, Washington, DC, for Herman, Amicus Curiae.
Sarah Lenz Lock, Michael Robert Schuster, American Ass'n of Retired Persons, Washington, DC, for AARP, Amicus Curiae.
Leonard A. Nelson, Michael Lynn Ile, American Medical Ass'n, Chicago, IL, Donald P. Wilcox, Texas Medical Ass'n, Austin, TX, for American Medical Ass'n and Texas Medical Ass'n, Amicus Curiae.
Patricia Anne Becker, Akin, Gump, Strauss, Hauer & Feld, Austin, TX, for Texas Ass'n of Health Plans and Health Ins. Ass'n of America, Amicus Curiae.
Anthony F. Shelley, Miller & Chevalier, Chartered, Washington, DC, for Blue Cross and Blue Shield Ass'n. and Ass'n of Fed. Health Organization, Amicus Curiae
James R. Barnett, Gordon & Barnett, Washington, DC, for Ass'n of Fed. Health Organization, Amicus Curiae.
Before HIGGINBOTHAM and PARKER, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
ON PETITION FOR REHEARING
(Opinion June 20, 2000, 5th Cir., 2000, 215 F.3d 526)
PATRICK E. HIGGINBOTHAM, Circuit Judge:
The State of Texas petitions for panel rehearing, urging reconsideration of that portion of our opinion in which we concluded that the Independent Review Organization (IRO) provisions appearing in the Texas Insurance Code were preempted. Texas contends that the panel factually misunderstood...
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