With no explanation, chose the best option from "A", "B", "C" or "D". this case or that the Clemtex decision is dispositive. One important difference between Advantage's policy and the policy at issue in Clemtex is that the latter did not incorporate the applicable TDI rules. The court noted this fact in holding the insurer could not supplant the contract provisions with contradictory TDI rules not even mentioned in the contract. In the instant case, the TDI rules were clearly incorporated in the contract. Therefore, Clemtex is inapposite to this case. More importantly, the insurance contract that is the subject of this dispute is not one written in the ordinary private insurance setting, as was the contract at issue in Clemtex. The Facility, although not a state agency, is essentially an arm of the State. Compare Turner Bros. Trucking, 912 S.W.2d at 391 (<HOLDING>) with American Home Assur. v. Texas Dept. of

A: holding that states grant of general corporate powers to hospital authorities does not include permission to use those powers anticompetitively
B: recognizing that a patients choice of a health care facility does not render the facility a beneficiary under 502a1b
C: holding the facility had certain powers despite fact that statute did not expressly confer those powers because facility does not derive power solely from statute
D: holding that the medicaid statute did not create an enforceable cause of action against a private health care facility
C.