In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02-20-00033-CV

UNITED HEALTHCARE OF TEXAS,

INC.; OPTUM HEALTH CARE 

SOLUTIONS, LLC D/B/A OPTUM 

HEALTHCARE SOLUTIONS, INC.;

UNITED HEALTHCARE, INC. D/B/A 

UNITED HEALTHCARE 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., Appellants

V.

LOW-T PHYSICIANS SERVICE, P.L.L.C.;

LOW-T PHYSICIANS PROFESSIONAL 

ASSOCIATION; AND LOW-T

PHYSICIANS GROUP, P.L.L.C.,

Appellees

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On Appeal from the 342nd District Court

of Tarrant County (342-303717-18)

January 21, 2021

Memorandum Opinion by Justice Wallach

JUDGMENT
This 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 Healthcare, Inc. d/b/a United 

Healthcare 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 for alleged 

overpayment (Paragraphs 11, 17, and 18 of Appellants’ Second Amended Answer and 

Amended Counterclaim); Appellees Low-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 Appellees’ Original Petition); and 

related claims for costs and attorney’s fees.

We reverse that portion of the trial court’s order denying arbitration on all 

parties’ other general claims for declaratory relief of the parties’ rights and obligations 

under the provider agreements and applicable state law, and related attorney’s fees and 

costs (Counts Two and Three of Appellees’ Original Petition and paragraphs 17-19 of 

Appellants’ Second Amended Answer and Counterclaim). We remand this case to the 

trial court (1) to refer these general claims for declaratory relief to arbitration pursuant 
to the terms of each provider agreement and (2) to address whether to stay claims not 

subject to arbitration pending the arbitration.

It is further ordered that Appellants United Healthcare of Texas, Inc.; Optum 

Health Care Solutions, LLC d/b/a Optum Healthcare Solutions, Inc.; United 

Healthcare, Inc. d/b/a United Healthcare 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 Low-T Physicians 

Service, P.L.L.C.; Low-T Physicians Professional Association; and Low-T Physicians 

Group, P.L.L.C. shall pay one-half of all costs of this appeal, for which let execution 

issue.

SECOND DISTRICT COURT OF APPEALS

By _/s/ Mike Wallach___________________

 Justice Mike Wallach