California ER Billing Class Action Settlement

An ER billing class action lawsuit against Envision Healthcare Corporation, EmCare Holdings, Inc., and EDS-I Practices of California has ended in a settlement, which is now accepting claims for benefits.

Class Members include all of those people who went to the emergency room in an in-network hospital in California, but were treated by an out-of-network emergency room doctor affiliated with Envision Healthcare Corporation, EmCare Holdings, Inc., or EDS-I Practices of California, between Aug. 22, 2013 and May 31, 2019. 

Some patients may not know if they were treated by an out-of-network doctor. Individuals who are not sure if they are part of the class may contact the Claims Administrator, Rust Consulting, by phone at 866-403-6541, or by email at info@CaliforniaERBillingclassactionsettlement.com. Additionally, people who are not sure if they are a Class Members can contact Wolf Popper LLP, the attorney for the class. Wolf Popper can be reached by phone at 212-759-4600 or by email at info@wolfpopper.com.

The ER billing class action settlement provides two benefits to Class Members: write-offs and refunds.

Write-offs are available for Class Members who billed by one of the three companies or by a collection agency and who pay or have paid the allowable charge.. The companies have agreed to write-off the difference between the billed charge and the “Allowable Charge” set by Class Members’ insurance company.

Refunds are also available to compensate Class Members who have already paid more than the allowable charge, the companies have agreed to refund the amount in excess of the allowable charge. This amount includes payments made to a collection agency or another third party. 

The terms of the ER billing class action settlement also require the companies to request that hospitals they work with display written disclosures about the doctors working in the emergency room, including information about whether the doctors are in-network or out of network. This disclosure must notify patients that the doctors may bill separately from the hospital, and that patient should refer to their benefits plan to determine their benefits around out-of-network care. Per the terms of the settlement agreement, this disclosure must be given to patients or displayed prominently in the ER.

The companies have also agreed to pay named plaintiffs awards of $3,750 for their role in the lawsuit. The settlement website notes that this benefit does not detract from the amount available in the form of write-offs and refunds to other Class Members.

Class Members have the option to opt-out from or object to the settlement if they don’t like the terms. If they choose to do this, they waive their right to collect benefits from the settlement, but retain their right to pursue independent litigation against Envision Healthcare Corporation, EmCare Holdings, Inc., and EDS-I Practices of California.

Class Members who collect benefits from the ER billing class action settlement or do nothing waive their rights to pursue independent litigation against the companies. 

The deadline to opt out or object is April 27, 2020. The deadline to submit a claim for benefits is Aug. 30, 2020. Though the settlement had received preliminary approval, it is still awaiting final approval. Class Members are invited to attend the final approval hearing, set for June 18, 2020.

Have you ever been hit with an unexpected out-of-network charge, when you sought care at an in-network facility? Tell us about your experience in the comments below.

Who’s Eligible

Class Members include all of those people who went to the emergency room in an in-network hospital in California, but were treated by an out-of-network emergency room doctor affiliated with Envision Healthcare Corporation, EmCare Holdings, Inc., or EDS-I Practices of California, between August 22, 2013 and May 31, 2019. 

Potential Award

Varies, potential benefits include:

• Write-Offs: For Class Members billed by one of the three companies, or by a collection agency, the companies have agreed to write-off the difference between the billed charge and the “Allowable Charge” set by your insurance company. This benefit is available to Class Members who pay or have paid the Allowable Charge.
• Refunds: To compensate Class Members who have already paid more than the Allowable Charge, the companies have agreed to refund the amount in excess of the Allowable Charge. This amount includes payments made to a collection agency or another third party. 

Proof of Purchase

Supporting documentation is required to claim benefits from the ER billing class action settlement. The settlement website explains that along with your claim form you must submit the following:

• “An Explanation of Benefits regarding the claim(s) for out-of-network emergency medical services provided by a physician practice affiliated with Defendants
• Proof of any payments you made for the out-of-network services 
• If the Allowable Charge has not been paid, by you and/or your insurance company, then payment of the Allowable Charge or the unpaid portion thereof
• If you were sent to collections, a copy of  the invoice(s) from the collection agency and proof of payment made to them, if payment was made

The Claim Form and supporting documents must be sent to Rust Consulting on or before August 30, 2020. You do not need to submit any medical records or medical information beyond that which may appear on the face of the documents specified above.”

Claim Form

CLICK HERE TO FILE A CLAIM »

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

8/30/2020

Case Name

Bozarth v. Envision Healthcare Corp., Case No. 5:17cv1935 FM0 (SHKx), in the U.S. District Court for the Central District of California

Final Hearing

6/18/2020

Settlement Website

www.CaliforniaERBillingClassActionSettlement.com

Claims Administrator

Rust Consulting
(866)403-5641
info@CaliforniaERbillingclassactionsettlement.com

Class Counsel

Lionel Z. Glancy
Robert V. Prongay
Jonathan M. Rotter
GLANCY PRONGAY & MURRAY LLP

Chet B. Waldman
Patricia I. Avery
Elissa Hachmeister
WOLF POPPER LLP

Defense Counsel

David Jacobs
Jonathan M. Brenner
EPSTEIN BECKER & GREEN PC

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