Hofler

Louis Hofler died of esophageal cancer that metastasized to his brain. At the time of his death, he was a 75 year-old retired bus driver, insured by Aetna’s Medicare health care maintenance organization (“HMO”) plan. Appellee Lucy Di *766 ane Hofler is his widow. She sued his health care provider, Aetna, and his doctors 1 in state court alleging that the defendants “withheld and denied Mr. Hofler medically necessary diagnostic exams, treatments, and referrals because these services undercut the defendants’ profit margins.” Aetna removed the case to federal court, claiming that Ms. Hofler’s state law claims “arose under” the Medicare Act. The district court remanded the case to state court and awarded $9,750 in attorneys’ fees to Ms. Hofler. Aetna now appeals the district court’s fee award. We affirm.

I. Background

Medicare provides health benefits primarily to people 65 years old or older. In 1997, Congress added the Medicare + Choice (“M + C”) program to its Medicare plan. Under M + C, Medicare beneficiaries receive them Medicare benefits through private managed health care programs such as HMOs. Medicare Program; Establishment of the Medicare + Choice Program, 63 Fed.Reg.…