A Kaulkin Ginsberg Publication
URS
July 4, 2009

Over objections, Judge Approves BJC Healthcare Class-Action Lawsuit Settlement

September 15, 2008
 

A significant consumer settlement over healthcare prices will go forward despite objections from some filing the suit.

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A circuit court judge has approved the class action settlement between BJC HealthCare and a group of its uninsured patients.

Judge David L. Dowd of the Circuit Court in St. Louis issued the ruling Friday afternoon - nearly 10 days after several members of the lawsuit filed objections to the settlement saying it didn’t go far enough to address the excessive prices patients without insurance had to pay the St. Louis-based hospital system (“BJC Healthcare Class Action Settlement with Uninsured Patients Hits Snag,” Sept. 11).

Stuart R. Berkowitz, the attorney representing the objecting class-action members, had asked the court to require BJC Healthcare at least match Tenet Healthcare Corp.’s policy of granting uninsured patients its lowest negotiated rate with an insurer. His motion was supported by St. Louis Area Jobs for Justice, the Missouri Association of Social Welfare and Community Catalyst, a national policy and advocacy organization.

BJC spokeswoman June Fowler, however, said the judge accepted the settlement “as written.”

“We think it’s a fair settlement and in the best interest of our patients who don’t have insurance,” Fowler said. “This combined with our already existing financial assistance programs for people willing to share their income and family size makes this a very good outcome.”

Under the terms of the settlement, uninsured patients will receive a 25 percent self-pay discount on inpatient and outpatient services, plus any charity care discounts for which they may qualify.  Uninsured patients will get an additional 5 percent discount if they pay their bills within 30 days.  Uninsured patients who paid some or all of the cost may be eligible for refund or reduction in their bills.

Fowler said BJC has been providing the discounts since it agreed to the settlement in March. It affects uninsured patients who received care at BJC since January 1, 1999. The discounts agreed to in the settlement will continue through at least 2012, she said.

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Comments

Comment from Cheryl on October 18, 2008 at 11:01PM EST

I am very disappointed; yet not surprised to learn of an appeal. I was granted a full pardon (in writing), after being involved in a car accident, yet when BJC learned of my Personal Injury Suit, they immediately demanded monies from my settlement.

Using the attorney on record, I have no idea what BJC received, nor the percentage withheld by the law firm, as I never received a copy of my file.

I am praying for a fair distribution to all parties involved. Attorney fees can eat away 30-40% of any settlements.

Thanks for allowing me to share my comments.

Comment from Sarah Mitchell on May 28, 2009 at 12:30PM EST

I am a part of this class action the Attorneys for plaintiffs, have deliberatly kept the determination letters from going out in a timely manner, keeping plaintiffs from filing an apeal, I am currently filing a lawsuit against the Attorneys and the Administrators for failing to comply.

Comment from Donald Joe Latimer on June 21, 2009 at 12:36PM EST

I was patient at BJC in Boone County in approx. 1999. I had pneumonia with a needed decortication of right lung. I had been asked to leave BJC just months before and had no insurance. The bills resulting from this hospitalization caused me to file bankruptcy in 2004. I received no relief and my hospital bill was over $25,000 for 4-5 days. I was in a lot of pain and heavily sedated (which I didn't want).

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