***IMPORTANT ANNOUNCEMENT***
Final approval for the Settlement was granted on March 4, 2021. The Final Approval Order and Judgment can be accessed in the Court documents section of this website.
The information contained on this web page is only a summary of information presented in more detail in the Long-Form Notice, which you can access by clicking here. Since this website is just a summary, you should review the Long-Form Notice for additional information.
If you are a Settlement Class Member, your legal rights will be affected by this Settlement whether you act or do not act.
Please read the Notice carefully.
IF YOU ARE AN OUT-OF-NETWORK HEALTHCARE PROVIDER WHO RECEIVED AN OVERPAYMENT
NOTICE FROM UNITED HEALTHCARE AFTER JANUARY 24, 2005, YOU MAY BE AFFECTED BY THE
CLASS ACTION SETTLEMENT.
YOUR LEGAL RIGHTS AND OPTIONS IN THE SETTLEMENT: |
ACTIONS YOU MAY PURSUE | EFFECT OF TAKING THIS ACTION |
DO NOTHING | You will remain in the Class and, if the Court grants final approval, you will receive the benefits of the Settlement. |
OBJECT | The deadline to object to the Settlement passed on January 27, 2021. |
GO TO A HEARING | On February 25, 2021 the Court held a Fairness Hearing and granted Final Approval of the Settlement on March 4, 2021. |
The Settlement Hearing
The Court held a Fairness Hearing on February 25, 2021 and granted Final Approval of the Settlement on March 4, 2021.
What is this case about?
After paying claims submitted by ONET providers, United sometimes determined that it overpaid a claim and sent the provider a Repayment Request seeking repayment of the claimed overpayment. Plaintiff alleged that United failed to provide notice and appeal rights required by the Employee Retirement Income Security Act of 1974 (“ERISA”) in connection with those Repayment Requests. The Class did not seek the payment of any money but sought to require United to provide ERISA notice and appeal rights to ONET providers in connection with past and future Repayment Requests. United denies that it did anything wrong.
What does the Settlement Provide?
With respect to its UNET claim adjudication system, United will make clearer how Class members and all other ONET providers can receive certain ERISA rights as Authorized Representatives of United insureds in connection with existing and future Claim Redeterminations under ERISA-governed plans, and will make it easier for ONET providers to do so. This includes: making available to all providers an exemplar Authorized Representative form that United will accept from providers; agreed-upon language that providers can include in Assignment of Benefits forms to confirm their status as Authorized Representatives; providing upon provider request ERISA notice, appeal, and litigation rights concerning Claim Redeterminations and Repayment Requests that United sent to ONET providers within the twelve months preceding the Settlement Agreement; and treating as an Authorized Representative any Class Member who litigates United’s pending Repayment Request that caused that person to be a Class Member. Subject to approval by the Court, United will pay attorneys’ fees and expenses of $4,210,000 to Class Counsel and a service award of $40,000 to the Class representative. Class members will release United from any claims related to United’s alleged failure to afford any member of the Class notice and appeal rights required by ERISA for past Overpayment Determinations or related Claim Redeterminations.
Further Information
This website and the Long-Form Notice summarize the Settlement. For more details regarding the Settlement, please reference the Settlement Agreement or other documents filed in the case under the “Court Documents” link on the left. You may also contact the Settlement Administrator or Class Counsel for further information regarding the Settlement:
Settlement Administrator:
Integrated Orthopedics, Inc. v. UnitedHealth Group
Settlement Administrator
c/o A.B. Data, Ltd.
P.O. Box 173053
Milwaukee, WI 53217
(877) 883-8091
info@UnitedERISARightsClassAction.com
Class Counsel:
D. Brian Hufford
Jason S. Cowart
ZUCKERMAN SPAEDER LLP
485 Madison Avenue, 10th Floor
New York, NY 10022
(212) 704-9600
Andrew N. Goldfarb
ZUCKERMAN SPAEDER LLP
1800 M Street NW, Suite 1000
Washington, DC 20036
(202) 778-1800
John W. Leardi
Vincent N. Buttaci
Paul D, Werner
BUTTACI LEARDI & WERNER LLC
212 Carnegie Center, Suite 202
Princeton, NJ 08540
(609) 799-5150