Case 2:21-cv-00131 Document 2 Filed on 06/29/21 in TXSD Page 1 of 89
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF TEXAS, CORPUS CHRISTI DIVISION
`
`CIVIL ACTION NUMBER
`
`2:21-cv-131
` _______________________
`
`vs.
`
`DIAGNOSTIC AFFILIATES OF
`NORTHEAST HOU, LLC D/B/A
`24 HOUR COVIDRT-PCR
`LABORATORY
`
` §
` §
` §
` §
`§
` §
`§
` §
`UNITED HEALTH GROUP, INC.;
` §
`UNITED HEALTHCARE SERVICES,
` §
`INC.;
` §
`UNITED HEALTHCARE BENEFITS
` §
`OF TEXAS, INC.;
`
` §
`UNITED HEALTHCARE OF TEXAS,
` §
`INC.;
` §
`UMR, INC.;
`OPTUMHEALTH CARE SOLUTIONS, §
`INC.;
` §
`AMERICAN INTERNATIONAL
` §
`GROUP, INC. MEDICAL PLAN;
` §
`ANADARKO PETROLEUM CORP.
` §
`HEALTH BENEFIT PLAN;
` §
`APPLE INC. HEALTH AND WELFARE §
`BENEFIT PLAN;
` §
`GROUP HEALTH AND WELFARE
` §
`PLANS(ARAMARK UNIFROM SERVICES); §
`AT&T UMBRELLA BENEFIT
` §
`PLAN NO. 1;
` §
`AT&T UMBRELLA BENEFIT
` §
`PLAN NO. 3;
` §
`BAKER HUGHES, A GE COMPANY
` §
`WELFARE BENEFITS PLAN;
` §
`BAYLOR COLLEGE OF MEDICINE
` §
`HEALTH AND WELFARE BENEFITS §
`PLAN;
` §
`BROOKDALE SENIOR LIVING, INC. §
`WELFARE PLAN;
` §
`C.H ROBINSON COMPANY GROUP
` §
`HEALTH MAJOR MEDICAL PLAN;
` §
`CALPINE CORPORATION
` §
`EMPLOYEE BENEFIT PLAN;
` §
`CATERPILLAR INC. GROUP
` §
`INSURANCE MASTER TRUST;
`§
`
`

`

`Case 2:21-cv-00131 Document 2 Filed on 06/29/21 in TXSD Page 2 of 89
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`CELANESE HEALTH AND WELFARE §
`BENEFITS PROGRAM;
`
`
` §
`CENTERPOINT ENERGY GROUP
` §
`WELFARE BENEFITS PLAN FOR
` §
`RETIREES;
`
`
`
` §
`CITGO PETROLEUM CORPORATION §
`DEFINED CONTRIBUTION
`
` §
`MASTER TRUST;
`
`
`
` §
`DELTA ACCOUNT BASED
`
` §
`HEALTHCARE PLAN;
`
`
` §
`ENVISION HEALTHCARE
`
` §
`CORPORATION WELFARE
`
` §
`BENEFITS PLAN;
`
`
` §
`H&E EQUIPMENT SERVICES INC.
` §
`BENEFIT PLAN;
`
`
`
` §
`FLOUR EMPLOYEE BENEFIT
`
` §
`TRUST PLAN;
`
`
`
` §
`FRESENIUS MEDICAL CARE
`
` §
`TRAVELLING NURSES HEALTH AND §
`WELFARE BENEFITS PLAN;
`
` §
`GEICO CORP. CONSOLIDATED
` §
`WELFARE BENEFITS PROGRAM;
` §
`GEOSPACE TECHNOLOGIES
`
` §
`WELFARE BENEFIT PLAN;
`
` §
`HUDSON GROUP (HG) INC.
`
` §
`EMPLOYEE BENEFITS PLAN;
`
` §
`IQOR HEALTH AND
`
`
` §
`WELFARE PLAN;
`
`
` §
`JONES LANG LASALLE GROUP
` §
`BENEFITS PLAN;
`
`
` §
`KELLOGG BROWN & ROOT, INC,
` §
`WELFARE BENEFITS PLAN;
`
` §
`KINDER MORGAN, INC. MASTER
` §
`EMPLOYEE WELFARE PLAN;
` §
`LEXICON PHARMACEUTICALS INC. §
`COMPREHENSIVE WELFARE
` §
`BENEFITS PLAN;
`
`
` §
`LINEAGE LOGISTICS LLC
`
` §
`BENEFITS PLAN;
`
`
` §
`LOCKTON, INC. WELFARE
`
` §
`BENEFITS PLAN;
`
`
` §
`M/I HOMES, INC. HEALTH, LIFE AND §
`DENTAL WELFARE PLAN;
`
` §
`MAERSK INC. ACTIVE NONUNION
` §
`HEALTH AND WELFARE PLAN;
` §
`THE MALLINCKRODT
`
`
` §
`
`
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`Page 2 of 89
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`Case 2:21-cv-00131 Document 2 Filed on 06/29/21 in TXSD Page 3 of 89
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` §
`PHARMACEUTICALS WELFARE
` §
`BENEFIT PLAN;
`
`
`
` §
`MOTIVA ENTERPRISES LLC
`
` §
`HEALTHAND WELLNESS BENEFIT
` §
`PLAN;
`
`
`
`
` §
`NOVO NORDISK INC. WELFARE
` §
`BENEFIT PLAN;
`
`
`
` §
`PETSMART SMARTCHOICES
`
` §
`BENEFIT PLAN;
`
`
`
` §
`PROCTER AND GAMBLE RETIREE
` §
`WELFARE BENEFITS PLAN;
`
`RAILROAD EMPLOYEES NATIONAL §
`HEALTH FLEXIBLE SPENDING
` §
`ACCOUNT PLAN;
`
`
` §
`RAISING CANES USA HEALTH AND
` §
`WELFARE BENEFITS WRAP PLAN;
` §
`REPUBLIC SERVICES INC.
`
` §
`EMPLOYEE BENEFIT PLAN;
`
` §
`REPUBLIC NATIONAL DISTRIBUTING §
`COMPANY, LLC WELFARE
`
` §
`BENEFITS PLAN;
`
`
` §
`SAIA MOTOR FREIGHT LINE LLC
` §
`EMPLOYEE PREFERRED
`
` §
`PROVIDER PLAN;
`
`
` §
`SIEMENS CORPORATION GROUP
` §
`INSURANCE AND FLEXIBLE
`
` §
`BENEFITS PROGRAM;
`
`
` §
`SKADDEN, ARPS, SLATE, MEAGHER §
`& FLOM PARTNERS’ WELFARE
` §
`BENEFITS PLAN;
`
`
`
` §
`SKYWEST INC. CAFETERIA PLAN;
` §
`SOUTHWEST AIRLINES CO.
`
` §
`WELFARE BENEFIT PLAN;
`
` §
`SPIRIT AIRLINES INC. HEALTH
` §
`AND WELFARE BENEFITS PLAN;
` §
`SWISSPORT NORTH AMERICA
` §
`HOLDINGS, INC. HEALTH &
`
` §
`WELFARE PLAN;
`
`
` §
`TARGA RESOURCES LLC WELFARE §
`BENEFITS PLAN;
`
`
` §
`TEXAS CAPITAL BANCSHARES
` §
`INC. EMPLOYEE BENEFIT PLAN;
` §
`TEXTRON NON-BARGAINED
`
` §
`WELFARE BENEFITS PLAN;
`
` §
`ADECCO, INC WELFARE
`
` §
`BENEFITS PLAN;
`
`
` §
`
`
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`Page 3 of 89
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`Case 2:21-cv-00131 Document 2 Filed on 06/29/21 in TXSD Page 4 of 89
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` §
`T-MOBILE USA, INC. EMPLOYEE
` §
`BENEFIT PLAN;
`
`
`
` §
`TRANSOCEAN GROUP WELFARE
` §
`BENEFIT PLAN;
`
`
`
` §
`UHS WELFARE BENEFITS PLAN;
` §
`UNITEDHEALTH GROUP
`
` §
`VENTURES, LLC HEALTH AND
` §
`WELFARE BENEFIT PLAN;
`
` §
`VALERO ENERGY CORPORATION
` §
`RETIREE BENEFITS PLAN;
`
` §
`VALMONT INDUSTRIES INC.
`
` §
`WELFARE BENEFIT PLAN;
`
` §
`WALGREENS HEALTH AND
`
` §
`WELFARE PLAN;
`
`
` §
`WCA MANAGEMENT COMPANY,
` §
`LP WELFARE BENEFIT PLAN;
` §
`WEBBER, LLC WELFARE
`
` §
`BENEFIT PLAN;
`
`
`
` §
`WINSTEAD PC FLEXIBLE
`
` §
`BENEFIT PLAN;
`
`
`
` §
`GROUP BENEFITS PLAN FOR
`EMPLOYEES OF WORLEYPARSONS §
`CORPORATION
`
`
`
` §
`
`
`
`
`
`
`
`
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`Page 4 of 89
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`Case 2:21-cv-00131 Document 2 Filed on 06/29/21 in TXSD Page 5 of 89
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`ORIGINAL COMPLAINT AND JURY DEMAND
`
`
`
`Plaintiff Diagnostic Affiliates of Northeast Hou, LLC d/b/a 24 Hour Covid RT-PCR
`
`Laboratory (“24 Hour Covid” or “Plaintiff”), by and through its attorneys, bring its Original
`
`Complaint against United1 and the Employer Plans2, and allege as follows:
`
`INTRODUCTION
`
`1.
`
`Plaintiff brings this action against United and the Employer Plans that United
`
`administers because United has unjustifiably engaged in unconscionable and fraudulent conduct
`
`during the COVID-19 public health emergency period in order to evade and circumvent its
`
`obligations to fully cover all United Plan and Employer Plan members’ COVID-19 diagnostic
`
`
`1 “United” refers to United Health Group, Inc., United Healthcare Services, Inc., United Healthcare Benefits of Texas,
`Inc., United Healthcare of Texas, Inc., UMR, Inc., United Healthcare Services, Inc., OptumHealth Care Solutions,
`Inc.
`2 “Employer Plans” refer to American International Group, Inc. Medical Plan; Anadarko Petroleum Corp. Health
`Benefit Plan; Apple Inc. Health And Welfare Benefit Plan; Group Health And Welfare Plans (Aramark Uniform
`Services); AT&T Umbrella Benefit Plan No. 1; AT&T Umbrella Benefit Plan No. 3; Baker Hughes, A GE Company
`Welfare Benefits Plan; Baylor College Of Medicine Health And Welfare Benefits Plan; Brookdale Senior Living, Inc.
`Welfare Plan; C.H Robinson Company Group Health Major Medical Plan; Calpine Corporation Employee Benefit
`Plan; Caterpillar Inc. Group Insurance Master Trust; Celanese Health And Welfare Benefits Program; Centerpoint
`Energy Group Welfare Benefits Plan For Retirees; Citgo Petroleum Corporation Defined Contribution Master Trust;
`Delta Account Based Healthcare Plan; Envision Healthcare Corporation Welfare Benefits Plan; H&E Equipment
`Services Inc. Benefit Plan; Flour Employee Benefit Trust Plan; Fresenius Medical Care Travelling Nurses Health And
`Welfare Benefits Plan; Geico Corp. Consolidated Welfare Benefits Program; Geospace Technologies Welfare Benefit
`Plan; Hudson Group (HG) Inc. Employee Benefits Plan; IQOR Health And Welfare Plan; Jones Lang Lasalle Group
`Benefits Plan; Kellogg Brown & Root, Inc, Welfare Benefits Plan; Kinder Morgan, Inc. Master Employee Welfare
`Plan; Lexicon Pharmaceuticals Inc. Comprehensive Welfare Benefits Plan; Lineage Logistics LLC Benefits Plan;
`Lockton, Inc. Welfare Benefits Plan; M/I Homes, Inc. Health, Life And Dental Welfare Plan; Maersk Inc. Active
`Nonunion Health And Welfare Plan; The Mallinckrodt Pharmaceuticals Welfare Benefit Plan; Motiva Enterprises
`LLC Health and Wellness Benefit Plan; Novo Nordisk Inc. Welfare Benefit Plan Petsmart Smartchoices Benefit Plan;
`Procter And Gamble Retiree Welfare Benefits Plan; Railroad Employees National Health Flexible Spending Account
`Plan; Raising Canes USA Health And Welfare Benefits Wrap Plan; Republic Services Inc. Employee Benefit Plan;
`Republic National Distributing Company, LLC Welfare Benefits Plan; Saia Motor Freight Line LLC Employee
`Preferred Provider Plan; Siemens Corporation Group Insurance And Flexible Benefits Program; Skadden, Arps, Slate,
`Meagher & Flom Partners’ Welfare Benefits Plan; Skywest Inc. Cafeteria Plan; Southwest Airlines Co. Welfare
`Benefit Plan; Spirit Airlines Inc. Health And Welfare Benefits Plan; Swissport North America Holdings, Inc. Health
`& Welfare Plan; Targa Resources LLC Welfare Benefits Plan; Texas Capital Bancshares Inc. Employee Benefit Plan;
`Textron Non-Bargained Welfare Benefits Plan; Adecco, Inc Welfare Benefits Plan; T-Mobile USA, Inc. Employee
`Benefit Plan; Transocean Group Welfare Benefit Plan; UHS Welfare Benefits Plan; UnitedHealth Group Ventures,
`LLC Health And Welfare Benefit Plan; Valero Energy Corporation Retiree Benefits Plan; Valmont Industries Inc.
`Welfare Benefit Plan; Walgreens Health And Welfare Plan; WCA Management Company, LP Welfare Benefit Plan;
`Webber, LLC Welfare Benefit Plan; Winstead PC Flexible Benefit Plan; Group Benefits Plan For Employees Of
`Worleyparsons Corporation.
`
`
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`Page 5 of 89
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`

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`Case 2:21-cv-00131 Document 2 Filed on 06/29/21 in TXSD Page 6 of 89
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`testing (“Covid Testing”) services and to reimburse Plaintiff, an out-of-network (“OON”)
`
`laboratory, for bona fide Covid Testing services offered to these same members in accordance with
`
`a Congressionally set methodology established and supported by the Families First Coronavirus
`
`Response Act (the “FFCRA”), the Coronavirus Aid, Relief, Economic Security Act (the “CARES
`
`Act”), Texas Department of Insurance Commissioner’s Bulletin B-0017-20, and other Federal and
`
`Texas authorities and guidance.
`
`2.
`
`The importance of Covid Testing during a worldwide pandemic cannot be
`
`overlooked as it is the best mitigation mechanism in place to identify and curtail the spread of the
`
`COVID-19 virus. Due to the urgent need to facilitate the nation’s response to the public health
`
`emergency posed by COVID-19, Congress passed the FFCRA and the CARES Act to, amongst
`
`other things, address issues pertaining to the costs of and access to Covid Testing during the
`
`COVID-19 pandemic.
`
`3.
`
`United and the Employer Plans’ conduct (or lack thereof as it pertains to the
`
`Employer Plans) has undermined national efforts made to mitigate the spread of the COVID-19
`
`virus as it has caused Plaintiff, and other similarly situated OON providers, to shutter specimen
`
`collection and testing locations and to potentially stop offering Covid Testing services altogether.
`
`United’s misprocessing and denials of Covid Testing claims is nearing an insurmountable financial
`
`loss for Plaintiff and has caused Plaintiff to hemorrhage its own funds to cover such financial
`
`losses.
`
`4.
`
`United has not only mis-adjudicated almost every single Covid Testing claim
`
`submitted by Plaintiff on behalf of members of United Plans and Employer Plans administered by
`
`United, but has, in fact, denied the vast majority of Covid Testing claims that Plaintiff has
`
`submitted, the reasons for which are to be detailed throughout the course of this Original
`
`
`
`Page 6 of 89
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`

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`Case 2:21-cv-00131 Document 2 Filed on 06/29/21 in TXSD Page 7 of 89
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`Complaint.
`
`5.
`
`United’s fraudulent behavior, in its capacity as an insurer and third-party claims
`
`administrator, and the Employer Plans’ failures to oversee and regulate United’s behavior (despite
`
`being provided with notice and an opportunity to remedy United’s behavior) has had a material
`
`adverse effect on the nation’s response to the COVID-19 pandemic as it has largely diminished
`
`access to testing, shifted financial responsibility for the cost of Covid Testing to the members of
`
`United Plans and Employer Plans, and, in the event of any future pandemics requiring the
`
`cooperation and the joint efforts of licensed medical facilities and professionals (e.g. Plaintiff),
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`providers who have fallen victim to United’s predatory practices will be hesitant and less likely to
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`participate in any such future Federal and/or State efforts, in turn, jeopardizing any future
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`pandemic responses.
`
`6.
`
`Plaintiff has incessantly attempted to contact United to inform it of its unlawful
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`practices, has attempted to negotiate an agreed amount/rate to be reimbursed for Covid Testing
`
`services with United, and has provided notice to all Employer Plans of United’s unlawful practices.
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`However, all attempts by Plaintiff to amicably resolve this matter have failed, and Plaintiff is now
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`left with no other option than to file this lawsuit against all Defendants.
`
`7.
`
`By way of this lawsuit, Plaintiff seeks to: (i) hold United accountable for its
`
`fraudulent and unlawful practices, and Employer Plans responsible for their failures to monitor
`
`and check United on its practices despite being provided with notice of such misconduct; (ii)
`
`ensure Plaintiff is properly reimbursed for its efforts to provide a public service in response to the
`
`COVID-19 public health emergency; and (iii) act as a safeguard against future unlawful practices
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`instituted by United, Employer Plans, and other insurers and health plans in the event of other
`
`national public health emergencies.
`
`
`
`Page 7 of 89
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`Case 2:21-cv-00131 Document 2 Filed on 06/29/21 in TXSD Page 8 of 89
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`NATURE OF THE CLAIMS
`
`8.
`
`Plaintiff is a CLIA certified high complexity laboratory that has requested
`
`emergency use authorization under Section 564 of the Federal Food, Drug, and Cosmetic Act;
`
`therefore, has all authorizations and/or approvals necessary to render and be reimbursed for Covid
`
`Testing services.3 At the height of the pandemic Plaintiff operated seven specimen collection sites
`
`located across the States of Texas and Louisiana, and partnered with employers and independent
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`school districts across Texas to render Covid Testing services to employees, teachers, students,
`
`and other staff members.4
`
`9.
`
`United provides health insurance and/or benefits to members of United Plans
`
`pursuant to a variety of health benefit plans and policies of insurance, including employer-
`
`sponsored benefit plans and individual health benefit plans.
`
`10.
`
`United also serves in the trusted role of third-party claims administrator for self-
`
`funded health plans, including the Employer Plans that are named as Defendants in this Original
`
`Complaint.
`
`11.
`
`Under ordinary circumstances, not all health plans insured or administered by
`
`United offer its members with access to OON providers and facilities. However, pursuant to
`
`Section 6001 of the FFCRA, as amended by Section 3201 of the CARES Act, all group health
`
`plans and health insurance issuers offering group or individual health insurance coverage are
`
`required to provide benefits for certain items and services related to diagnostic testing for the
`
`detection or diagnosis of COVID-19 without the imposition of cost-sharing, prior authorization,
`
`
`
`3 See 21 U.S.C. § 360bbb–3.
`4 Humble ISD Expands Options for Student Covid Testing (https://www humbleisd net/covid19studenttesting);
`Humble ISD expands free COVID-19 testing options to provide easier access for students
`(https://communityimpact.com/houston/lake-houston-humble-kingwood/education/2021/01/07/humble-isd-expands-
`free-covid-19-testing-options-to-provide-easier-access-for-students/).
`
`
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`Page 8 of 89
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`Case 2:21-cv-00131 Document 2 Filed on 06/29/21 in TXSD Page 9 of 89
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`or other medical management requirements when such items or services are furnished on or after
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`March 18, 2020, for the duration of the COVID-19 public health emergency regardless of whether
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`the Covid Testing provider is an in-network or OON provider.5
`
`12.
`
`Furthermore, Section 3202(a) of the CARES Act provides that all group health
`
`plans and health insurance issuers covering Covid Testing items and services, as described in
`
`Section 6001 of the FFCRA must reimburse OON providers in an amount that equals the cash
`
`price for such Covid Testing services as listed by the OON provider on its public internet website
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`or to negotiate a rate/amount to be paid that is less than the publicized cash price.
`
`13.
`
`United has intentionally disregarded its obligations to comply with its requirements
`
`to cover Covid Testing services without the imposition of cost-sharing and other medical
`
`management requirements pursuant to Section 6001 of the FFCRA and, in the instances Plaintiff
`
`is reimbursed for its Covid Testing services, has failed to reimburse Plaintiff in accordance with
`
`Section 3202(a) of the CARES Act. These violations are made to financially benefit United and,
`
`by acting in its own self-interests, has also caused the Employer Plans to be in violation of the
`
`FFCRA, the CARES Act, Employee Retirement Income Security Act of 1974 (“ERISA”)6, and
`
`applicable State law.
`
`14.
`
`United has set up complex processes and procedures: (i) to deny or underpay claims
`
`for arbitrary reasons; (ii) to force Plaintiff into a paperwork war of attrition in hopes of wearing
`
`down Plaintiff to the point of collapse through continuous inundation of Plaintiff’s financial and
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`operational resources; (iii) that have turned United’s internal administrative appeals procedures
`
`into a kangaroo court where facts and law have no relevance, thus, rendering the administrative
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`appeals process functionally meritless; (iv) to disinform its members, the Employer Plans and other
`
`
`5 See CMS FAQ Parts 42, 43, and 44, The FFCRA and the CARES Act.
`6 29 U.S.C. § 1001 et seq.
`
`Page 9 of 89
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`Case 2:21-cv-00131 Document 2 Filed on 06/29/21 in TXSD Page 10 of 89
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`self-funded health plans that it administers, Plaintiff and other similarly situated OON providers,
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`the general public, and Federal and State regulators of its obligations to adjudicate Covid Testing
`
`claims in accordance with the FFCRA and the CARES Act; and (v) to ultimately engage in
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`unscrupulous and fraudulent conduct for its own financial benefit during this public health
`
`emergency.
`
`15.
`
`United’s schemes and misconduct also violate the Racketeer Influenced and
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`Corrupt Organizations Act, 18 U.S.C. §§ 1961-1968 (“RICO”). United has engaged in a pattern of
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`racketeering activity that includes, but may not be limited to, the embezzlement and/or conversion
`
`of welfare funds and the repeated and continuous use of mails and wires in the furtherance of
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`multiple schemes to defraud as detailed through this Original Complaint.
`
`16.
`
`Furthermore, because Employer Plans have contracted with United to act as their
`
`third-party claims administrator, the Employer Plans, through their silence and inaction, are dually
`
`liable for United’s violations of the FFCRA, the CARES Act, and ERISA pursuant to 29 U.S.C.
`
`§ 1105(a).
`
`PARTIES
`
`17.
`
`Plaintiff Diagnostic Affiliates of Northeast Hou, LLC d/b/a 24 Hour Covid RT-
`
`PCR Laboratory is a limited liability company organized under the laws of the State of Texas, with
`
`its company headquarters located at 22751 Professional Drive, Kingwood, Texas 77339. Plaintiff
`
`has lawful standing to bring in all claims asserted herein.
`
`18.
`
`Defendant UnitedHealth Group, Inc. is a publicly traded Delaware corporation with
`
`its principal place of business in Minneapolis, Minnesota. It issues health insurance and
`
`administers group health plans nationally through its various wholly-owned and controlled
`
`subsidiaries, including but not limited to United Healthcare Services, Inc. UnitedHealth Group,
`
`
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`Page 10 of 89
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`Case 2:21-cv-00131 Document 2 Filed on 06/29/21 in TXSD Page 11 of 89
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`Inc. may be served with process by serving its registered agent for service The Corporation Trust
`
`Company, 1209 Orange Street, Wilmington, Delaware 19801.
`
`19.
`
`Defendant United Healthcare Services, Inc. is a corporation organized under the
`
`laws of the State of Minnesota, with its principal place of business in Minnetonka, Minnesota. It
`
`is a foreign for-profit corporation operating in the State of Texas, and it issues health insurance
`
`and administers plans that are funded by plan sponsors in Texas. It is a wholly-owned subsidiary
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`of UnitedHealth Group, Inc. United Healthcare Services, Inc. may be served with process by
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`serving its registered agent for service CT Corporation System, 1010 Dale Street N, St. Paul,
`
`Minnesota, 55117-5603.
`
`20.
`
`Defendant United Healthcare Benefits of Texas, Inc. is a corporation organized
`
`under the laws of the State of Texas, with its principal place of business in Austin, Texas. It is a
`
`for-profit corporation operating in the State of Texas, and its issues health insurance and
`
`administers plans that are funded by plan sponsors in Texas. It is a wholly-owned subsidiary of
`
`UnitedHealth Group, Inc. United Healthcare Benefits of Texas, Inc. may be served with process
`
`by serving its registered agent for service CT Corporation System, 350 North St. Paul Street, Dallas
`
`Texas 75201.
`
`21.
`
`Defendant UnitedHealthcare of Texas, Inc. is a corporation organized under the
`
`laws of the State of Texas, with its principal place of business in Austin, Texas. It is a for-profit
`
`corporation operating in the State of Texas, and its issues health insurance and administers plans
`
`that are funded by plan sponsors in Texas. It is a wholly-owned subsidiary of UnitedHealth Group,
`
`Inc. UnitedHealthcare of Texas, Inc. may be served with process by serving its registered agent
`
`for service CT Corporation System, 350 North St. Paul Street, Dallas Texas 75201.
`
`
`
`
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`Page 11 of 89
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`Case 2:21-cv-00131 Document 2 Filed on 06/29/21 in TXSD Page 12 of 89
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`22.
`
`Defendant UMR, Inc. is a corporation organized under the laws of the State of
`
`Wisconsin, with its principal place of business in Wausau, Wisconsin. It is a foreign for-profit
`
`corporation operating in the State of Texas and administers plans that are funded by plan sponsors
`
`in Texas. It is a wholly-owned subsidiary of UnitedHealth Group, Inc. UMR, Inc. may be served
`
`with process by serving its registered agent for service Commissioner of Insurance, 333 Guadalupe
`
`Street, Austin, Texas 78701.
`
`24.
`
`Defendant OptumHealth Care Solutions, Inc. is a corporation organized under the
`
`laws of the State of Minnesota, with its principal place of business in Eden Prairie, Minnesota. It
`
`is a foreign for-profit corporation operating in the State of Texas and administers plans that are
`
`funded by plan sponsors in Texas. It is a wholly-owned subsidiary of UnitedHealth Group, Inc.
`
`OptumHealth Care Solutions, Inc. may be served with process by serving its registered agent for
`
`service Commissioner of Insurance, 333 Guadalupe Street, Austin, Texas 78701.
`
`25.
`
`Defendant American International Group, Inc. Medical Plan (the “AIG Plan”) is
`
`a self-funded health plan subject to ERISA. The AIG Plan may be served with process by serving
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`its Plan Administrator, Justin Orlando and/or Megan Moran, at 175 Water Street, 21st Floor, New
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`York, New York 10038.
`
`26.
`
`Defendant Anadarko Petroleum Corp. Health Benefits Plan (the “Anadarko” Plan)
`
`is a self-funded health plan subject to ERISA. The Anadarko Plan may be served with process by
`
`serving its Plan Administrator, Madeline N. Pfahler, at Human Resources Department 5 Greenway
`
`Plaza, Suite 110 Houston, TX 77046-0521.
`
`27.
`
`Defendant Apple Inc. Health and Welfare Benefit Plan (the “Apple Plan”) is a self-
`
`funded health plan subject to ERISA. The Apple Plan may be served with process by serving its
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`Plan Administrator, Grace Gippetti Munson, at One Apple Park Way Cupertino, CA 95014.
`
`
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`Page 12 of 89
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`Case 2:21-cv-00131 Document 2 Filed on 06/29/21 in TXSD Page 13 of 89
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`28.
`
`Defendant Group Health and Welfare Plans (Aramark Unifrom Services) (the
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`“Aramark plan”) is a self-funded health plan subject to ERISA. The Aramark Plan may be served
`
`with process by serving its Plan Administrator, Cheryl Heimer, at 115 N First St Burbank, CA
`
`91502-1856.
`
`29.
`
`Defendant AT&T Umbrella Benefit Plan No. 1 (the “AT&T No. 1 Plan”) is a self-
`
`funded health plan subject to ERISA. The AT&T Plan may be served with process by serving its
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`Plan Administrator, Paul W. Stephens, at Po Box 132160 Dallas, TX 75313-2160.
`
`30.
`
`Defendant AT&T Umbrella Benefit Plan No. 3 (the “AT&T No. 3 Plan”) is a self-
`
`funded health plan subject to ERISA. The AT&T Plan may be served with process by serving its
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`Plan Administrator, Paul W. Stephens, at Po Box 132160 Dallas, TX 75313-2160.
`
`31.
`
`Defendant Baker Hughes, A GE Company Welfare Benefits Plan (the “Baker
`
`Hughes Plan”) is a self-funded health plan subject to ERISA. The Baker Hughes Plan may be
`
`served with process by serving its Plan Administrator, Bernard Casey Makel, at 17021 Aldine
`
`Westfield Houston, TX 77073.
`
`32.
`
`Defendant Baylor College of Medicine Health and Welfare Benefits Plan (the
`
`“Baylor Plan”) is a self-funded health plan subject to ERISA. The Baylor Plan may be served with
`
`process by serving its Plan Administrator, Angela Garcia and/or Tamara Norris, at C/O Accounting
`
`One Baylor Plaza Bcm200 Houston, TX 77030.
`
`33.
`
`Defendant Brookdale Senior Living, Inc. Welfare Plan (the “Brookdale Plan”) is a
`
`self-funded health plan subject to ERISA. The Brookdale Plan may be served with process by
`
`serving its Plan Administrator, Diane Johnson May, at 6737 W Washington Street Suite 2300
`
`Milwaukee, WI 53214.
`
`
`
`
`
`Page 13 of 89
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`34.
`
`Defendant C.H Robinson Company Group Health Major Medical Plan (the
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`“Robinson Plan”) is a self-funded health plan subject to ERISA. The Robinson Plan may be served
`
`with process by serving its Plan Administrator, John Donovan, at 14701 Charlson Rd, Eden Prairie,
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`Mn 55347-5076.
`
`35.
`
`Defendant Calpine Corporation Employee Benefit Plan (the “Calpine Plan”) is a
`
`self-funded health plan subject to ERISA. The Calpine Plan may be served with process by
`
`serving its Plan Administrator, Tonja Benjamin, at 717 Texas Ave. Suite 1000 Houston, TX 77002.
`
`36.
`
`Defendant Caterpillar Inc. Group Insurance Master Trust (the “Caterpillar Plan”)
`
`is a self-funded health plan subject to ERISA. The Caterpillar Plan may be served with process
`
`by serving its Plan Administrator, Todd Bisping, at 510 Lake Cook Road Deerfield, IL 60015.
`
`37.
`
`Defendant Celanese Health and Welfare Benefits Program (the “Celanese Plan”)
`
`is a self-funded health plan subject to ERISA. The Celanese Plan may be served with process by
`
`serving its Plan Administrator, Jose A Motta, at 222 West Las Colinas Boulevard Suite 900N
`
`Irving, TX 75039.
`
`38.
`
`Defendant Centerpoint Energy Group Welfare Benefits Plan for Retirees (the
`
`“Centerpoint Plan”) is a self-funded health plan subject to ERISA. The Centerpoint Plan may be
`
`served with process by serving its Plan Administrator, Carla A. Kneipp, at 1111 Louisiana Street
`
`Houston, TX 77002-5230.
`
`39.
`
`Defendant Citgo Petroleum Corporation Defined Contribution Master Trust (the
`
`“Citco Plan”) is a self-funded health plan subject to ERISA. The Citco Plan may be served with
`
`process by serving its Plan Administrator, James R. Shoemaker, at Po Box 4689 Houston, TX
`
`77210-4689.
`
`
`
`Page 14 of 89
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`40.
`
`Defendant Delta Account Based Healthcare Plan (the “Delta Plan”) is a self- funded
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`health plan subject to ERISA. The Delta Plan may be served with process by serving its Plan
`
`Administrator, Greg Tahvonen, at 1030 Delta Boulevard Atlanta, GA 30354.
`
`41.
`
`Defendant Envision Healthcare Corporation Welfare Benefits Plan (the “Envision
`
`Plan”) is a self-funded health plan subject to ERISA. The Envision Plan may be served with
`
`process by serving its Plan Administrator, Donald King, at 1A Burton Hills Boulevard Nashville,
`
`TN 37215.
`
`42.
`
`Defendant H&E Equipment Services Inc. Benefit Plan (the “H&E Plan”) is a self-
`
`funded health plan subject to ERISA. The H&E Plan may be served with process by serving its
`
`Plan Administrator, Angela Broocks, at 7500 Pecue Ln Baton Rouge, LA 70809-5107.
`
`43.
`
`Defendant Flour Employee Benefit Trust Plan (the “Flour Plan”) is a self-funded
`
`health plan subject to ERISA. The Flour Plan may be served with process by serving its Plan
`
`Administrator, Stacy Dillow, at 6700 Las Colinas Boulevard Irving, TX 75039.
`
`44.
`
`Defendant Fresenius Medical Care Travelling Nurses Health and Welfare Benefits
`
`Plan (the “Fresenius Plan”) is a self-funded health plan subject to ERISA. The Fresenius Plan may
`
`be served with process by serving its Plan Administrator, Steven Covino, at 920 Winter Street
`
`Waltham, MA 02451.
`
`45.
`
`Defendant Geico Corp. Consolidated Welfare Benefits Program (the “Geico
`
`Plan”) is a self-funded health plan subject to ERISA. The Geico Plan may be served with process
`
`by serving its Plan Administrator, H. A. White and/or J.C Stewart, at C/O Corporation Tax
`
`Division One Geico Plaza Washington, DC 20076.
`
`
`
`
`
`Page 15 of 89
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`46.
`
`Defendant Geospace Technologies Welfare Benefit Plan (the “Geospace Plan”) is
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`a self-funded health plan subject to ERISA. The Geospace Plan may be served with process by
`
`serving its Plan Administrator, Lacey Rice, at 7007 Pinemont Dr Houston, TX 77040-6601.
`
`47.
`
`Defendant Hudson Group (HG) Inc. Employee Benefits Plan (the “Hudson Plan”)
`
`is a self-funded health plan subject to ERISA. The Hudson Plan may be served with process by
`
`serving its Plan Administrator, William Wolf, at One Meadowlands Plaza, 6th Floor East
`
`Rutherford, NJ 07073.
`
`48.
`
`Defendant IQOR Health and Welfare Plan (the “IQOR Plan”) is a self-funded
`
`health plan subject to ERISA. The IQOR Plan may be served with process by serving its Plan
`
`Administrator, Ian Carroll, at 200 Central Ave 7th Fl St Petersburg, FL 33701-3566.
`
`49.
`
`Defendant Jones Lang Lasalle Group Benefits Plan (the “JLL Plan”) is a self-
`
`funded health plan subject to ERISA. The JLL Plan may be served with process by serving its Plan
`
`Administrator, Tim Quitmeyer, at 200 East Randolph Street Chicago, IL 60601.
`
`50.
`
`Defendant Kellogg Brown & Root, Inc, Welfare Benefits Plan (the “KBR Plan”)
`
`is a self-funded health plan subject to ERISA. The KBR Plan may be served with process by
`
`serving its Plan Administrator, Valerie Hulse, at 601 Jefferson Street, Suite 2916 Houston, TX
`
`77002.
`
`51.
`
`Defendant Kinder Morgan, Inc. Master Employee Welfare Plan (the “Kinder
`
`Morgan Plan”) is a self-funded health plan subject to ERISA. The Kinder Morgan Plan may be
`
`served with process by serving its Plan Administrator, T. Mark Smith, at 1001 Louisiana Street,
`
`Suite 1000, Houston, TX 77002.
`
`
`
`
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`Page 16 of 89
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`Case 2:21-cv-00131 Document 2 Filed on 06/29/21 in TXSD Page 17 of 89
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`52.
`
`Defendant Lexicon Pharmaceuticals Inc. Comprehensive Welfare Benefits Plan
`
`(the “Lexicon Plan”) is a self-funded health plan subject to ERISA. The Lexicon Plan may be
`
`served with process by serving its Plan Administrator, Jefferey L. Wade, at 8800 Technology
`
`Forest Pl the Woodlands, TX 77381-1160.
`
`53.
`
`Defendant Lineage Logistics LLC Benefits Plan (the “Lineage Plan”) is a self-
`
`funded health plan subject to ERISA. The Lineage Plan may be served with process by serving
`
`its Plan Administrator, Sean Vanderelzen, at 17911 Von Karman, Suite 400 Irvine, CA 92614.
`
`54.
`
`Defendant Lockton, Inc. Welfare Benefits Plan (the “Lockton Plan”) is a self-
`
`funded health plan subject to ERISA. The Lockton Plan may be served with process by serving its
`
`Plan Administrator, Janet O’Connor, at 444 w. 47th Street Suite 900 Kansas City, MO 64112.
`
`55.
`
`Defendant M/I Homes, Inc. Health, Life and Dental Welfare Plan (the “M/I
`
`Homes Plan”) is a self-funded health plan subject to ERISA. The M/I Homes Plan may be served
`
`with process by serving its Plan Administrator, Karla Cupp, at 4131 Worth Avenue Columbus,
`
`OH 43219.
`
`56.
`
`Defendant Maersk Inc. Active Nonunion Health and Welfare Plan (the “Maersk
`
`Plan”) is a self-funded health plan subject to ERISA. The Maersk Plan may be served with process
`
`by serving its Plan Administrator, Jennifer M. Swartz, at 180 Park Avenue Florham Park, NJ 07932.
`
`57.
`
`Defendant the Mallinckrodt Pharmaceuticals Welfare Benefit Plan
`
`(the
`
`“Mallinckrodt Plan”) is a self-funded health plan subject to ERISA. The Mallinckrodt Plan may
`
`be served with process by serving its Plan Administrator, Cathryn Beisel, at 675 Mcdonnell
`
`Boulevard Hazelwood, MO 63042.
`
`
`
`
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`Page 17 of 89
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