Mercy Health, Avectus Ohio insurance $3.5M class action settlement

Avectus and Mercy Health agreed to pay $3.5 million to resolve a class action lawsuit claiming their communication seeking payment from patients violated Ohio laws.

The settlement benefits Mercy Health patients in Ohio between Aug. 27, 2009, and Aug. 31, 2023, who presented health insurance to Mercy Health and later paid or were requested to pay money for treatment other than co-pays or deductibles, including those whom Avectus contacted on Mercy Health’s behalf.

The settlement also benefits a subclass of Mercy Health patients who were contacted only by Mercy Health, not Avectus. 

Plaintiffs in the class action lawsuit claim Mercy Health and Avectus sent non-compliant communications to patients who sought payments for medical services despite the patients being covered under medical insurance. These communications allegedly violated Ohio consumer protection laws.

Mercy Health is a health system based in Cincinnati that has locations in Ohio and Kentucky.

Mercy Health and Aventus haven’t admitted any wrongdoing but agreed to a $3.5 million settlement to resolve the insurance class action lawsuit.

Under the terms of the settlement, class members can receive a $25 base payment plus additional compensation for medical bill payments they made. Claimants can receive up to 50% of any medical bill payments they made, though these payments may be reduced on a pro rata basis depending on the number of claims filed. 

The deadline for exclusion and objection is Jan. 22, 2024.

The final approval hearing for the settlement is scheduled for Feb. 8, 2024.

In order to receive a settlement payment, class members must submit a claim form by Jan. 22, 2024.

Who’s Eligible

Mercy Health patients in Ohio between Aug. 27, 2009, and Aug. 31, 2023, who presented health insurance to Mercy Health and later paid or were requested to pay money for treatment other than co-pays or deductibles, including those whom Avectus contacted on Mercy Health’s behalf.

Subclass: Mercy Health patients who were contacted only by Mercy Health, not Avectus.

Potential Award

$25

Proof of Purchase

Mercy account number, if known, and the date and location of treatment.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

01/22/2024

Case Name

Raymond, et al. v. Avectus Healthcare Solutions LLC d/b/a Medpay Assurance LLC, et al., Case No. 1:15-cv-00559-MRB, in the U.S. District Court for the Southern District of Ohio

Final Hearing

02/08/2024

Settlement Website

MedicalBillPaymentSettlement.com

Claims Administrator

Raymond v Avectus Healthcare Solutions LLC
c/o Atticus Administration
PO Box 64053
St. Paul, MN 55164
MedicalBillPaymentSettlement@AtticusAdmin.com
800-210-1732

Class Counsel

Gary F Franke 
Michael D O’Neill
GARY F FRANKE CO. LPA 

David Ewing 
EWING & WILLIS LLC

Defense Counsel

Ronald D Holma, II
Michael J Zbiegien Jr.
Chad R Ziepfel 
TAFT STETTINIUS & HOLLISTER LLP

Kris M Dawley
John P Gilligan
Kristina Dahmann 
ICE MILLER LLP