HAVERFORD, Pa., May 13, 2019 /PRNewswire/ --
High Street, et al v. Cigna, et al.,
Case No. 2:12-cv-07243-NIQA (E.D. Pa.)
A settlement has been reached in a class action lawsuit on behalf of all Out-of-Network Chiropractic Providers who provided clinical services to a Cigna Plan member, whose claims for reimbursement of such services were denied in part or in whole. The lawsuit alleges violations of the Employee Retirement Income Security Act of 1974, 29 U.S.C § 1132(a)(1)(B) ("ERISA"), related to the denial of out-of-network Plan benefits claims for chiropractic services based on Cigna Corp. ("Cigna") and American Specialty Health Inc.'s ("ASH") utilization management review ("UMR") processes. The Settlement Class includes: All ONET Chiropractic Providers who provided clinical services up to the Final Approval Date to a Plan Member, and whose claims for reimbursement of such services were subjected to the ASH policies or practices as part of the claims review or benefit determination process and where some or all of the claim was denied.
What does the Settlement provide? A Settlement totaling approximately $11.75 million has been reached with Cigna, ASH and each of their subsidiaries, affiliates, officers, directors, employees, and agents (collectively known as "Defendants"). You do not need to do anything to receive a payment from the Settlement. Each Settlement Class Member will automatically receive a pro rata payment based on the amount of each class members' respective bills (as reflected in Defendants' records) that were denied in whole or part pursuant to Defendants' UMR processes. Settlement checks will be mailed to the address listed on this postcard notice. If your address changes, please notify the Settlement Administrator using the enclosed change of address card, visit www.HighStreetChiroSettlement.com, or by phone at 1-888-208-9083.
How Much Money Can I Get? Your payment amount will be determined based on the amount remaining in the Net Settlement Fund after deductions for Court-approved Notice and Administration expenses, Attorneys' fees and expenses, Service Awards to the Lead Plaintiffs, and taxes. Payments will be made only if the Court grants final approval of the Settlement and any objections and appeals are resolved. Class members were mailed notice postcards on May 6, 2019. These postcards included the estimated payment for each class member. If you disagree with the estimated payment amount, you may challenge this determination by submitting a request in writing and providing evidence of the total claims for reimbursement of clinical services which were subjected to the ASH policies or practices as part of the claims review or benefit determination process and where some or all of the claim was denied. These requests must be submitted in writing to the Settlement Administrator at the address provided on the opposite side of this postcard.
What are my rights? If you remain a Settlement Class Member, you will give up your right to sue the Defendants on your own for the claims described in the Settlement Agreement. You will also be bound by any decisions by the Court relating to the Settlement. The Defendants will be released from claims stemming from the alleged conduct concerning Defendants' denial of claims pursuant to the UMR process as identified in the Settlement Agreement. The Settlement Agreement describes the released claims in further detail. Requests for exclusion from the Settlement Class must be submitted to the Settlement Administrator by July 10, 2019. If you stay in the Settlement Class, you may object in writing to the Settlement by July 10, 2019. The Settlement Agreement, along with details on how to exclude yourself or object, are available at www.HighStreetChiroSettlement.com.
When is the Final Fairness Hearing? The Court will hold a Final Fairness Hearing at 1:00 p.m. on August 9, 2019, at the United States District Court for the Eastern District of Pennsylvania, Philadelphia Office, 601 Market Street, Philadelphia, PA 19106. The hearing may be moved to a different date or time without additional notice, so check www.HighStreetChiroSettlement.com to confirm that the date has not been changed. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections or comments, the Court will consider them at that time and may listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Lead Counsel and whether to reimburse Lead Counsel for certain costs, and whether to pay Service Awards to the Lead Plaintiffs. At or after the hearing, the Court will decide whether to approve the Settlement.
QUESTIONS? VISIT WWW.HIGHSTREETCHIROSETTLEMENT.COM OR CALL 1-888-208-9083
SOURCE Chimicles Schwartz Kriner & Donaldson-Smith LLP and Zuckerman Spaeder LLP