Health Insurance Policyholders May Be Affected By A Proposed Class Action Settlement.

Health insurance policyholders from January 1, 2006 through February 10, 2021 may be included.

A state court authorized this legal notice. This is not a solicitation from a lawyer.

A settlement has been reached in a class action lawsuit about (a) whether HCFS HEALTH CARE FINANCIAL SERVICES, INC. n/k/a HCFS HEALTH CARE FINANCIAL SERVICES, L.L.C.; VAN METER EMERGENCY PHYSICIANS, A PROFESSIONAL MEDICAL CORPORATION D/B/A VAN METER EMERGENCY PHYSICIANS, INC., APMC; ACS PRIMARY CARE PHYSICIANS-LOUISIANA, A PROFESSIONAL CORPORATION; and HOSPITAL MEDICINE ASSOCIATES, LLC (“DEFENDANTS”) violated Louisiana law when, in lieu of filing a claim for its charges with an accident victim’s healthcare insurer, it billed and/or collected from and/or attempted to collect from the third party who caused the patient’s injuries or such third party’s liability insurer an amount which was a health insurance liability and/or an amount greater than it would have received from the accident victim’s healthcare insurance, and (b) the extent of DEFENDANTS’ liability with respect thereto. 

Who’s included?

The lawsuit alleges that DEFENDANTS engaged in improper billing or collection activity when it provided emergency room or other services, items, supplies, and/or drugs as a result of a motor vehicle accident or other accident where a third party may have been at fault.  Generally, you may be included in the Class if you, at the time of treatment (which must have occurred during the Class Period between January 1, 2006 through February 10, 2021), were insured under a health insurance policy issued by a “health insurance issuer,” which policy provided coverage for health care or medical services and while so insured during this period, you received Medical Services from facilities at which DEFENDANTS provided services at certain times during the Class Period, which facilities include:  Bogalusa ED LA, Christus St. Patrick ED, Christus St. Patrick Hospitalist, East Jefferson Hospitalist, Iberia ED LA, Iberia Hospitalist LA; Lakeview ED; Lakeview Tulane Med Cntr ED LA, Lallie Kemp ED LA, Ochsner ED LA, Ochsner Iberville ED LA, Ochsner Hosp; Ochsner Hospitalist LA, Ochsner Hospital Med LA, Our Lady of the Angels ED LA, Promise LTAC HM LA, Rapides ED LA, Rapides Hosp Med LA, Rapides ICU LA, Rapides ICU HM LA, Slidell ED LA, Tulane ED LA, Tulane Lakeside ED, and University ED LA, and you were covered under such policy and you or someone on your behalf paid DEFENDANTS or another for such Medical Services, or DEFENDANTS or another attempted unsuccessfully to collect for the Covered Medical Services, more than what DEFENDANTS had agreed with the insurers that DEFENDANTS would accept as payment for the Covered Medical Services.  You may have made the payments to DEFENDANTS, a collection agency or another directly, or through any third party, including your attorney or a liability insurance carrier, or DEFENDANTS, a collection agency or another may have unsuccessfully attempted to collect from you or through any third party.  Health insurance policyholders whose claims were previously settled and released or dismissed by court order with prejudice are excluded from the Class.  The exact Class “definition” and more information on the settlement are available at www.HCFSclassaction.com.

What does the settlement provide? 

A settlement fund of ONE MILLION NINE HUNDRED TWENTY-FIVE THOUSAND AND NO DOLLARS ($1,925,000.00) will be established by DEFENDANTS to pay holders of valid and timely filed claims to members of the Payor Sub-Class, as well as lawyers’ fees and certain costs approved by the court, including the costs of administering the settlement, the costs of giving notice, and employing a court-appointed disbursing agent and an independent Claims Administrator.  A Settlement Agreement, available at the website and in the official records of these proceedings, describes all of the details about the proposed settlement.  The DEFENDANTS have agreed to resolve the case and provide benefits to the Class; however, DEFENDANTS deny any wrongdoing..

How much could you get? 

If the settlement receives final court approval, the amount that you could receive will depend on whether you are a Class Member and whether you are in the Payor Sub-class or the Attempt To Recover Sub-Class.  You are a member of the Payor Sub-class if you or someone on your behalf other than your health care insurer made a payment on your behalf.  If neither you nor someone on your behalf made a payment for the medical services you received, you are a member of the Attempt To Recover Sub-Class.  If you are a member of the Payor Sub-class and you choose to file a Simplified Claim and your claim is approved, you may receive a $300.00 payment, depending upon the total amount of valid claims filed by all members of the Class.  If you are a member of the Payor Sub-class and you choose to file a Detailed Claim and your claim is approved, the amount you will receive will depend on the amount you or someone else paid on your behalf, the amount that your healthcare insurer should have paid on your behalf if DEFENDANTS had filed an insurance claim with your health insurer, and the total amount of valid claims filed by all members of the Class.  If you are a member of the Attempt To Recover Sub-Class, the amount that you owe DEFENDANTS for the medical services you received during the Class Period will be forgiven.

How do you ask for payment? 

Class members can submit their claims via United States mail, postage prepaid, to Bernard Charbonnet, Jr., Claims Administrator, Law Office of Bernard L. Charbonnet, Jr., 365 Canal Street, Suite 1100, New Orleans, La. 70130.   

All claims must be postmarked on or before December 6, 2021. The claim form sets forth exactly what you will need to provide to prove your claim and receive payment.  Thus, you must use one of the proof of claim forms provided by the Claims Administrator in order to file a valid claim.  You may obtain the approved proof of claim forms by calling 504-271-8422 or going to www.HCFSclassaction.com.

What are your other options?

The court will hold a hearing in this case, called Charles Brown and John D. Wozniak, et als. v. Van Meter Emergency Physicians, A Professional Medical Corporation d/b/a Van Meter Emergency Physicians, Inc., APMC, et als., Civil District Court, Parish of Orleans, No. 2016-1000, Div. N(8) on October 4, 2021 at 9:00 a.m. to consider whether to approve the settlement; to consider any objections to the settlement; and to consider whether to approve Class counsel’s request for (a) attorney’s fees not to exceed forty percent (40%) and court-approved litigation costs, and (b) class representative incentive awards of $2,500 each.  You or your own lawyer may appear and ask to speak at the hearing, at your own cost, but you don’t have to.  If the settlement is approved, it will release DEFENDANTS from all liability for the claims more fully described in the Settlement Agreement.

If you do not want to be legally bound by the settlement, you must exclude yourself by September 13, 2021. If you do not exclude yourself, you will not be able to sue, or continue to sue, DEFENDANTS over the claims resolved in the settlement.  If you exclude yourself, you cannot get a payment or other benefit from the settlement.  If you do not exclude yourself, you may object to the settlement, if you do so by September 13, 2021.  The detailed notice explains how to exclude yourself or object.  To learn more or to obtain the detailed notice, call 504-271-8422, go to the website www.HCFSclassaction.com, or write to Class Counsel at 8301 W. Judge Perez Drive, Chalmette, LA 70043.