Attenello MD APC v. St. Vincent IPA Medical, L.P. et al.

Summary

The United States District Court for the Central District of California granted Plaintiff’s motion to remand and denied Defendant’s motion to dismiss as moot. The court held that it lacked subject matter jurisdiction under both the federal question statute and the federal officer removal statute, concluding that the Medicare Advantage organization did not act under a federal officer for purposes of removal. The action was remanded to the Superior Court of California for Los Angeles County.

Holdings

1. The action was not removable under federal-question jurisdiction because the complaint pleaded only state-law claims, no federal question appeared on its face, and the claims did not necessarily depend on resolution of a substantial federal question.
2. A Medicare Advantage Organization does not establish that it is acting under a federal officer merely because its activities are extensively regulated, directed, supervised, or monitored by the Centers for Medicare and Medicaid Services.
3. Because the court lacked subject matter jurisdiction under both asserted removal theories, it was required to remand the action, and the motion to dismiss was denied as moot.

Questions Presented

1. Whether the state-law claims arose under federal law or necessarily required resolution of a substantial federal question sufficient to support federal-question jurisdiction under 28 U.S.C. § 1331.
2. Whether a Medicare Advantage Organization acts under a federal officer or agency for purposes of removal under 28 U.S.C. § 1442(a)(1).
3. Whether the court should remand the action for lack of subject matter jurisdiction and deny the pending motion to dismiss as moot.

Disposition

remanded