QUALITY INFUSION CARE v. HEALTH CARE SERVICE CORP.

No. 09-20188.

628 F.3d 725 (2010)

QUALITY INFUSION CARE, INC., Plaintiff-Appellant, v. HEALTH CARE SERVICE CORPORATION, doing business as Blue Cross and Blue Shield of Texas, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 23, 2010.


Attorney(s) appearing for the Case

Constance Hankins Pfeiffer (argued), David Michael Gunn , Beck, Redden & Secrest, L.L.P., Robert Dale Green , Houston, TX, for Plaintiff-Appellant.

Reagan Mark Brown (argued), Charles Jason Rother , Fulbright & Jaworski, L.L.P., Houston, TX, for Defendant-Appellee.

Before JONES, Chief Judge, PRADO, Circuit Judge, and OZERDEN, District Judge.


PRADO, Circuit Judge:

This case presents a narrow legal dispute between a healthcare provider, Quality Infusion Care, Inc. ("QIC"), and an insurance company, Healthcare Service Corp., d/b/a Blue Cross and Blue Shield of Texas ("BCBS"). BCBS overpaid QIC for certain patient claims and then set off the overpayments by underpaying subsequent patient claims, without regard to whether the subsequent claim was from the same patient or under the same insurance plan. QIC...

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