UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 17-2349

AIR EVAC EMS, INC.,

Plaintiff – Appellee,

v. TED CHEATHAM, in his capacity as Director of the Public Employees Insurance Agency; JOHN A. MYERS; RAYMOND S. WHITING; GEOFF S. CHRISTIAN; AMANDA D. MEADOWS; JARED ROBERTSON; LEE R. DINZNOFF; JASON MYERS; WILLIAM MILAM; MICHAEL T. SMITH, in their capacities as members of the Public Employees Insurance Agency's Finance Board; ALLAN L. MCVEY, in his capacity as West Virginia Insurance Commissioner; BILL J. CROUCH, in her capacity as the Secretary for the West Virginia Department of Health & Human Resources,

Defendants – Appellants, ------------------------------ AMERICA’S HEALTH INSURANCE PLANS, Amicus Supporting Appellant, TEXAS MUTUAL INSURANCE COMPANY, Amicus Supporting Appellant.

Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Thomas E. Johnston, Chief District Judge. (2:16-cv-05224)

Argued: October 31, 2018 Decided: December