Read the following excerpt from a US court opinion:
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of fact. However, aside from there being no questions of fact concerning this issue, the 5th Circuit has established that when a trial court’s power to hear a case is questioned with regard to subject matter jurisdiction, it is proper for the trial court to weigh the evidence to determine its power to hear the case. MDPhysicians, 957 F.2d at 180. III. Conclusion ERISA does not govern this case. A self-employed physician, licensed to practice in Texas, is not an employee of the TMA or any of the insurance agencies. The TMA is not Dr. Path’s employer, but rather a “professional association which was established by and for the benefit .of physicians who are licensed to practice” in the state of Texas. See McCaslin v. Blue Cross and Blue Shield, 779 F.Supp. 1312, 1316-1317 (N.D.Ala.1991) . ERISA only regulates those plans established
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What is the most suitable continuation to the opinion? Your options are:
A. holding that expert report that sufficiently addressed certain claims against doctor employed by professional association was sufficient as to claims against professional association based on doctors negligence because the doctors negligence is imputed to the association under the professional association act
B. holding that erisa does not preempt the plaintiffs claim that the erisa plan administrator is liable for medical malpractice where the plaintiff premised the claim solely on state law and did not invoke the erisa plan
C. holding erisa did not apply when doctor was not employee of the medical association of the state of alabama
D. holding that the tolling provision of  91141 did not apply when the plaintiff knew that medical negligence may have contributed to her husbands death but asserted that she did not know the identity of the doctor who treated him
E. holding that a question of fact existed regarding whether the hospital held the doctor out as its agent if the hospital provided the doctor without explicitly informing the patient that the doctor was not its employee
Reply with [A, B, C, D, E] only.