Naomi Aylward v. Selecthealth, Inc.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

NAOMI J. AYLWARD, individually No. 20-55653 and as personal representative for the Estate of Philip Aylward, D.C. No. Plaintiff-Appellant, 3:18-cv-00494-

WQH- MDD

v.

SELECTHEALTH, INC., a Utah OPINION corporation, DBA SelectHealth, Defendant-Appellee,

and

DOES, 1–25 inclusive; JEFF AYLWARD, an individual; TODD AYLWARD, an individual, Defendants.

Appeal from the United States District Court for the Southern District of California William Q. Hayes, District Judge, Presiding

Argued and Submitted May 10, 2021 San Francisco, California

Filed April 13, 2022 Before: J. Clifford Wallace and Daniel P. Collins, Circuit Judges, and Jed S. Rakoff, * District Judge.

Opinion by Judge Wallace

SUMMARY **

Medicare

The panel affirmed the district court’s summary judgment in favor of SelectHealth, Inc., a health insurance benefits company, in a case involving disputed benefits under a Medicare Advantage (“MA”) plan governed by Part C of Title XVIII of the Social Security Act (“SSA”), popularly known as the Medicare Act.

Naomi Aylward filed a lawsuit in state court,…