## In the Court of Appeals Second Appellate District of Texas at Fort Worth
No. 02

- 20

- 00033

- CV

U NITED H EALTHCARE OF T EXAS , I NC .; O PTUM H EALTH C ARE S OLUTIONS , LLC D / B / A O PTUM H EALTHCARE S OLUTIONS , I NC .; U NITED H EALTH CARE , I NC

. D / B / A U NITED H EALTHCARE I NSURANCE C OMPANY ; U NITED H EALTHCARE C OMMUNITY P LAN OF T EXAS , L.L.C.; E VERCARE OF T EXAS , L.L.C.; U NITED H EALTHCARE B ENEFITS OF T EXAS , I NC .; U NITED H EALTHCARE S ERVICES , I NC .; AND U NITED H EALTH G ROUP , I NC

. , Appellants

V

. L OW

- T P HYSICIANS S ERVICE , P.L.L.C.; L OW

- T P HYSICIANS P ROFESSIONAL A SSOCIATION ; AND L OW

- T P HYSICIANS G ROUP , P.L.L.C. , Appellees §

§

§

§ On Appeal from the 342nd District Court

of Tarrant County ( 342

- 303717

- 18 )

January 21, 2021

Memorandum Opinion by Justice Wallach

JUDGMENTThis court has considered the record on appeal in this case and holds that there was error in part of the trial court’s order

. It is ordered that the order of the trial court is affirmed in part and reversed in part.
We affirm that portion of the trial court’s order denying arbitration on Appellants United Healthcare of Texas, Inc.; Optum Health Care Solutions, LLC d/b/a Optum Healthcare Solutions, Inc.; United Health care, Inc. d/b/a United
Healt hcare Insurance Company; United Healthcare Community Plan of Texas, L.L.C.; Evercare of Texas, L.L.C.; United Healthcare Benefits of Texas, Inc.; United Healthcare Services, Inc.; and UnitedHealth Group, Inc. ’ s claims fo r alleged
overpayment (P aragraphs 11, 17, and 18 of Appe llants ’ Second Amen ded Answer and Amended Counterclaim) ; Appellees L ow

- T Physicians Service, P.L.L.C.; Low

- T Physicians Professional Association; and Low

- T Physicians Group, P.L.L.C. ’ s claim of settlement of the overpayment (Count One of App ellees ’ Original Petition ) ; and related claims for costs and attorney ’ s fees. We reverse that portion of the trial court’s o rder denying arbitration on all parties ’ other general claims for declaratory relief of the parties ’ rights and obligations
under th e provider agreements and appli cable sta te law, and related attorney ’ s fees and costs (Counts Two and Three of Appellees ’ Original Petition and paragraphs 17

- 19 of Appellant s ’ Second Amended Answer and Counterclaim). We remand this case to the
trial court (1) to refer th ese general claims for declaratory relief to a rbitration pursuantto the terms of each provider agree ment and (2) to address whether to stay claims not subject to arbitration pending the arbitration.
It is further ordered that Appellants Un ited Healthcare of Texas, Inc.; Optum Health Care Solutions, LLC d/b/a Optum Healthcare Solutions, Inc.; United
Health care, Inc. d/b/a United Healt hcare Insurance Company; United Healthcare Community Plan of Texas, L.L.C.; Evercare of Texas, L.L.C.; United Healthcare Benefits of Texas, Inc.; United Healthcare Services, Inc.; and UnitedHealth Group,
Inc. shall pay one

- half of all costs of this appeal and that Appellees L ow

- T Physicians Service, P.L.L.C.; Low

- T Physicians Professional Association; and Low

- T P hysicians Group, P.L.L.C. shall pay one

- half of all costs of this appeal, for which let execution
issue.

SECOND DIS TRICT COURT OF APPEALS

By _ /s/ Mike Wallach

___________________ Justice Mike Wallach