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What is this lawsuit and settlement all about?
How do I know if I am a class member?
What is Retrospective Relief?
What is Prospective Relief?
How can I opt out of the settlement?
How can I object to the settlement?
What happens if I don’t do anything?
How can I receive a refund or discount?
When will the refunds and discounts become available?
Am I giving up any rights if I participate in the settlement?
What are the Released Claims?
How can I get a notice and claim form package?
I have questions not answered at this site—what do I do?
What is this lawsuit and settlement all about? (top)
Plaintiffs claimed that Sutter Health charged uninsured patients too much for
treatment or services. They also claimed that Sutter Health used unfair and
aggressive collection practices against uninsured patients. The Court did not
decide in favor of either plaintiffs or Sutter Health; instead, the parties
decided on this proposed settlement. By settling, both sides avoid the cost and
uncertainty of a trial, and class members can receive benefits.
The settlement will provide benefits in two categories: Retrospective Relief,
which consists of discounts or refunds of prior hospital bills to certain class
members; and Prospective Relief, which consists of lower prices and guaranteed
charity care policies for the uninsured. Both of these types of relief are
described more fully below.
As a part of the settlement, class members release Sutter Health from the
claims raised in this lawsuit, which means they can not sue Sutter Health for
those claims if they remain class members. There are deadlines associated with
filing a claim form, objecting to the settlement and opting out of the
settlement. Class members’ rights are affected whether they act or do not act.
Please read the notice completely to be certain you understand your rights and
the deadlines.
How do I know if I am a class member? (top)
You are a part of the class if you (1) received Uninsured Hospital Services
from a Sutter hospital between September 3, 2000, and August 3, 2006, and
(2)you were uninsured at the time of receiving the Uninsured Hospital Services.
If you received Uninsured Hospital Services from San Leandro Hospital, you are
only a member of the Class if you received those services on or after July 1,
2004 (the date San Leandro Hospital affiliated with Sutter Health).
If you received Uninsured Hospital Services from St. Luke’s Hospital, you are
only a member of the Class if you received those services on or after July 17,
2001 (the date St. Luke’s Hospital affiliated with Sutter Health).
If you received Uninsured Hospital Services from Sutter Warrack Hospital, you
are only a member of the Class if you received those services on or after
February 1, 2001 (the date Sutter Warrack Hospital affiliated with Sutter
Health).
What is Retrospective Relief? (top)
Retrospective Relief is relief for conduct that occurred prior to the
settlement. In this instance, the retrospective relief under the proposed
settlement will provide certain eligible class members who file timely, valid
claim forms with either a refund or discount on prior hospital bills. The
amount of the refund or discount will range between 25% and 45% from the amount
class members were originally billed for Uninsured Hospital Services, depending
on which Sutter Health hospital provided the services and assuming you have not
already received charity care or a discount on your bill at least equal to that
available under the settlement.
If you want to qualify for a refund or discount, you must complete and submit a
Claim Form so that it is postmarked no later than January 17, 2007. The Claim
Form is included in the notice package and can be found here
at this website.
What is Prospective Relief? (top)
Prospective Relief is the category of benefits under the proposed settlement
that will exist from the date of final approval of the settlement for the next
three years. In this instance, the prospective relief includes discounts to
uninsured patients for Uninsured Hospital Services, charity care for uninsured
patients who earn less than 400% of the Federal Poverty Line, and certain
changes to Sutter’s collection practices. In particular:
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Sutter hospitals will follow the Sutter Health Uninsured Patient Discount
Policy adopted in March 2006, which includes automatic discounts from billed
charges for Uninsured Hospital Services;
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Sutter hospitals will follow the Sutter Health Charity Care and Low Income
Uninsured Policy, which provides uninsured patients who meet certain income
tests with discounts on Uninsured Health Services up to 100%, and provides for
charity discounts under various circumstances.
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Sutter hospitals will follow a Prompt Pay Discount Policy that provides an
extra 10% discount for certain uninsured patients who pay their bills within 30
days;
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Sutter hospitals will better inform uninsured patients about the above
policies; and
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Sutter hospitals will continue to limit the type of collections practices
available for collecting from uninsured patients under Sutter Health’s’s
recently-revised collections policy.
How can I opt out of the settlement? (top)
The deadline to exclude yourself from the Settlement has passed. To exclude
yourself, you needed to send the Settlement Administrator a letter titled
“Exclusion Request” that asks to exclude you from the class in Sutter Health
Uninsured Pricing Cases, J.C.C.P. No. 4388. The request needed to be postmarked
by October 26, 2006.
How can I object to the settlement? (top)
The deadline to object to the Settlement has passed. To do this, you needed to
send the Settlement Administrator a letter saying you object to the proposed
settlement in Sutter Health Uninsured Pricing Cases, J.C.C.P. No. 4388. The
objection needed to be postmarked by October 26, 2006
What happens if I don’t do anything? (top)
If you don’t do anything, you will remain a member of the class, but you will
not receive any refund or discounts from this settlement. You will be bound by
the terms of the settlement, however, meaning you will not ever be able to
start or continue your own lawsuit against Sutter Health about the issues in
this case.
How can I get a refund or discount? (top)
To qualify for a refund or discount from your prior hospital bill(s), you
needed to complete and submit a Claim
Form and mail it postmarked no later than January 17, 2007.
When will the refunds and discounts become available? (top)
An appeal from the Court's order approving the Settlement was
filed on February 13, 2007. The appeal is pending in the California Court of
Appeal, Third Appellate District. It is uncertain how long resolution of the
appeal will take. It could take anywhere from 6-12 months, or longer. Claims
will not be processed or paid until the appeal is resolved and we regret the
delay.
Am I giving up any rights if I participate in the settlement? (top)
If you remain in the class—whether or not you complete and submit a Claim
Form—you will give up your right to sue, continue to sue or be part of any
other lawsuit against Sutter Health about the legal issues in this case,
including prices for hospital treatment or services, or collection practices
relating to the hospital bills.
What are the Released Claims? (top)
Released Claims are those claims against Sutter Health that you give up by
remaining a part of this class action settlement. You may never sue, continue
to sue or be part of any other lawsuit against Sutter Health regarding the
Released Claims.
The complete description of the Released Claims can be found on this website in
the Settlement Agreement.
How can I get a notice and claim form package? (top)
The Notice and Claim Form can be downloaded at this
website. If you prefer, you may call 1-866-621-4154 and request that a notice
and claim form be mailed to you.
I have questions not answered at this site—what do I do? (top)
If you have questions not answered by the notice or this list of Frequently
Asked Questions, you may wish to consult the
Settlement Agreement, which can be found on this website. If you cannot
find the answer to your question there, you may also write to Plaintiffs’ Lead
Counsel at the address below:
Kelly M. Dermody
Caryn Becker
Lieff, Cabraser, Heimann & Bernstein, LLP
Embarcadero Center West
275 Battery Street, 30th Floor
San Francisco, CA 94111-3339
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