If you are an Illinois Physician or Healthcare Provider, a class action Settlement may affect you

EAST ST. LOUIS, Ill., July 31, 2020 /PRNewswire/ -- A settlement has been proposed in a class action involving interest payments on physician and healthcare provider invoices for care governed by the Illinois Workers' Compensation Act and arising under the Illinois Consumer Fraud and Deceptive Business Practices Act (the "Settlement"), the terms of which are set forth in full in a settlement agreement (the "Settlement Agreement").  Capitalized terms not defined herein have the same meanings as they do in the Settlement Agreement.

What's the case about?

The Plaintiff contends that Illinois Physicians and/or Healthcare Providers who render services to patients covered under the provisions of the Illinois Workers' Compensation Act, 820 ILCS 305, et seq., were entitled to simple interest on medical bills containing all necessary data elements that were paid more than 30 days late and that failure to pay interest was a violation of the Illinois Consumer Fraud and Deceptive Business Practices Act.  Different insurance companies and third-party claims administrators ("TPAs") are named as Defendants.

What is the settlement?

If you are a member of the Class, and if you timely submit a Claim Form – including provision of certain data and/or documents, depending on the nature of your claim – you may become eligible for a payment. 

Payments on valid claims will be made in an amount equal to a percentage of the interest you may be owed. The Settlement Agreement describes all the details of how these payments will be made.

All payments are subject to caps and other terms and conditions set forth in the Settlement Agreement.

Who can participate?

You must be a Class Member.  The Class is composed of all Illinois Physicians and Healthcare Providers who: (i) submitted an invoice for reimbursement of services in connection with the treatment of an employee covered by the provisions of the Illinois Workers' Compensation Act to a Defendant (or its agent) that was paid from August 19, 2014 through April 3, 2020; (ii) were paid more than 30 days after the invoice was received by the Defendant (or its agent); and (iii) were not paid any interest on that invoice.  No Class Member can include claims handled by any Defendant (or its agent) on behalf of the State of Illinois because such claims are excluded from this Settlement.

How do you make a Claim?

You must obtain a Claim Form from the settlement website.  You must fill it out, provide the data and/or documentation required for the claim, sign it, and provide any information and/or documentation requested in a Deficiency Notice.  The Claim Form must be postmarked no later than January 21, 2021.  Submitting a claim does not guarantee a payment.  Claims will be verified and substantiated.  You will be bound to all the terms of the Settlement even if your Claim is denied.

What are your options if you are a Class Member?

You can do nothing, in which case you will be bound by the terms of the Settlement but will receive no payments.

You can submit a timely Claim Form and provide any documentation or information requested in a Deficiency Notice, which may result in you receiving a payment.

If you wish to make an objection to the Settlement, you must do so in writing filed with the Clerk of the Court and postmarked no later than November 7, 2020.  You must also include all the materials and information required for objections that are listed in the Settlement Agreement and Post Notice.  By objecting, you remain bound to the Settlement if the Court approves it.

If you do not wish to be bound by the Settlement, you must fill out and mail the Exclusion Form (often called "opting out").  The Exclusion form must be postmarked no later than November 7, 2020.  Excluding yourself means you are not bound by the Settlement, and also that you will receive no payments.  It also means you cannot object to the Settlement.

What are the attorneys' fees?

Class Counsel may ask the Court to award them up to $3,025,000 in attorneys' fees and costs and up to $20,000 in incentives to the Plaintiff.  Class Members will not be responsible for paying these amounts.

Where can you get more information?

Copies of the Settlement Agreement, notices, Claim Form, and other important information can be found at www.BeattyInterestClassAction.com.  A toll-free number has also been set-up at 866-977-1110.

The United States District Court for the Southern District of Illinois is overseeing this case, Beatty, et al., v. Accident Fund General Insurance Company, et al., No. 3:17-cv-01001-NJR-DGW.  The Court will hold a final hearing on whether to approve the Settlement on December 7, 2020.  If you are in the Class, you may appear at this hearing, but you are not required to.  Please monitor the settlement website in case the hearing date is changed.

SOURCE The United States District Court for the Southern District of Illinois