to defend its motion to dismiss there were at least five different paragraphs in that complaint that expressly talked about the usual customary was mentioned at least five times in the plane and in addition to that on the court docket part of the complaint exhibit is a first no will appeal and that appeal expressly states that attached to your complaint or is that something that you attached in your response to the motion to dismiss that particular that first level peel is actually part of the complaint exhibit that's probably  and that come exhibit expressly states that particular provision and from my understanding i'm not a lawyer but anything that you put in that exhibit that's kind of part of the whole process so i'm not sure where all this is comment from but the bottom line is that there were against terrible remarked in the complaint about the user cost me a reasonable benefit level and i even went into that in the first level peel and reef we need to address the fact that there is a lot of you know a lot of talk on different circuits about this particular issue of whether or not a provider to have care and to cross in all of these insurers they're just trying to figure out a way to block provider plant provider bob or to a plan b claimants and so pulling things out of their hat like this is just one of the many b and and the court went into great detail in that particular complaint talking about how often the providers don't have the documents and in that particular case they actually asked for a document you didn't get the documents regulations this in black and white with allows our ports sample part of one of the clain appeal standards in their very own plan darknesses that they would answer appeals within thirty days that's an appeal be one thing they can do also one other thing they  are basically the district court in the district court in lies dr groups complaint the district court said looked at her complaint saw that she was speaking for bill charged to build around seven or eight thousand of network provider who is not negotiated rates with blue cross does central state that if she builds a certain amount of money she has a right to payment for that money sheep dr griffith  thousand and thirteen they sent out an explanation of benefits showing after several states couldn't pay the full billed amount because their claim would be subject to the doctor bowl it would be a subject to  reasonable in customary allowance and section nine point zero nine of the plan for all out of network up providers to be subject to a ten percent penalty because she went out of network and some of the charges on the bill were only covered under major medical expenses which means that they only be paid eighty percent so why aren't those issues of fact why is that something that the district or can to say it's at the motion to dismiss state she's alleged a allegations and complaint where she's really saying i know it's really so she says she soon or five will to a woman be for benefits according to the terms of provided by the plan but she's really silly and the oral promises i how can you determine that you in the complaint in the light most favorable to the doctor as we have to do how can you determine that on the face of the complaint when she alleges she was do the research and customary amount and she didn't get  there that she wanted full payment she didn't want reason but i don't think she wanted reasonable customary i don't think she cares about a reasonable customary amount because you know i don't even think that she could have amended she didn't ask to amend the complaint i don't even think she could remember complaint to us seek anything more because a planned speech that you're never going to get for payment or bills and that's what judge government was faced with his question he had to be certain states when she didn't like the fee when she said i should have been paid more money for you you provided her what i said gave you that well that's one of the issues in the case your honor we told her when she appeal information to determine what's reasonable and customary if you need to look at data eyesight to make that determination and look at what they're attacked imitation how could the district court make that determination that a motion to  one reasonable customary i guess that's my answer she's not really seeking reasonable customers she's seeking full pieman of her bills which she confuses with reasonable and customary she's thinking that she doctors in dermatology charge this and they had or the other thing she didn't do that you deem tour appeals exhausted because several states didn't get to appeal within thirty days in the regulations under appeal to exhausted and just actually went to court court so if you're under provides customer use of customary fees for your ground for the whole country and you pay for it and so i don't go appealing above that in which is fair to the patients fair to me but what's happening is the insurers want to price benefits a medicare medicaid levels and patients are paying private pay premiums so that they can't have their cake and eat it too and then what they do is turn around and they get a bonus so for example we have if i have a thousand dollar claim in a claim and give themselves a fifty percent bonus on how much they state their radically they make more than me patient so that's that's what's going on between care i mean it's going on all over the country they just