( September 22, 2023, 12:37 PM EDT) -- SAN FRANCISCO — A COVID-19 test provider petitioned the Ninth Circuit U.S. Court of Appeals for rehearing en banc after a panel of the court affirmed the judgment of a California federal court dismissing five complaints brought by the provider seeking reimbursement from an insurer for COVID testing services, asserting that the panel erred in determining that the Coronavirus Aid, Relief and Economic Security (CARES) Act does not provide an implied private right of action to diagnostic testing providers....