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COURT GIVES FINAL APPROVAL TO FIRST CLASS ACTION SETTLEMENT BETWEEN UNINSURED PATIENTS AND A NONPROFIT HOSPITAL SYSTEM

—Settlement with Providence Hospital System in Oregon Is the First of Its Kind in the Nation Given Final Approval By a Court—

—Guarantees Fair Pricing and Charity Care for the Uninsured—

Portland, OR, June 23, 2006Multnomah County Circuit Judge Marilyn Litzenberger today gave final approval to the first settlement of its kind in the nation between uninsured patients and the Providence Health System of Oregon, a nonprofit hospital system with hospitals throughout Oregon, to establish fair pricing and charity care policies for uninsured patients of those hospitals. Uninsured plaintiffs filed the class action suit against Providence in December 2004 in Multnomah County Circuit Court in Portland.  Plaintiffs alleged that Providence charged its uninsured patients much higher rates than it required any of its other patients to pay for the same services. Hospitals have traditionally defended this pricing differential by explaining that insured patients pay discounted rates negotiated between their private insurance companies and the hospitals. However, uninsured patients are the least able to pay and have no negotiating power, and thus are charged the highest rates for identical medical services. 

The settlement agreement to which Judge Litzenberger gave final approval today covers all seven Providence hospitals in Oregon and includes the following provisions:

·         The agreement covers medical charges to uninsured patients over a six-year period—going back four years and two years into the future.

·         All charges to uninsured patients have been recalculated in two steps.  1) Charges will first be recalculated to reflect Providence’s Oregon Preferred Provider average rate, which is expected to reduce the bills by approximately 30% for Portland area patients.  2) The hospital bills will be further reduced based on the uninsured patient’s income using income statistics determined by the federal government.  For example, uninsured patients whose income is at or below 200% of the Federal Poverty Level ($38,700 for a family of four) will be entitled to free care at Providence if they do not own more than $75,000 in assets.  To give another example, an uninsured family of four with an income of $77,400 will receive an additional 10% discount in addition to the discount reflected in the Preferred Provider rate. 

·         Uninsured patients who have been treated at one of the Providence hospitals in the past four years and have submitted valid claims to Providence will receive a refund, vouchers, or a recalculation of their bill.  For instance, Gordon and Theresa Block, plaintiffs in this case who received a $96,000 bill for emergency treatment for Mrs. Block, have had their bill reduced to $8,900.  Plaintiff Gerry Hugo of Medford, Oregon, will receive a refund of almost $7,300 after paying $12,000 on his hospital bill.  Uninsured Providence patients who have made claims under the settlement should receive information about the result of their claims by mid-September.

·         The settlement assures that collection activity associated with these fair bills will be reasonable.

John Phillips, lead attorney for the plaintiffs, stated, “We are delighted that the Court has given its final blessing to this ground-breaking settlement that achieves fairness for uninsured patients at Providence—the group who can least afford to pay inflated medical bills.  We hope the rest of the nonprofit hospitals in Oregon will examine this result and change their unfair billing practices toward the uninsured.”

The attorneys representing the settlement class are John Phillips and Matthew Geyman of Phillips Law Group, PLLC in Seattle, Washington, (206) 382-1058; Michael Williams and Brian Campf of Williams Love O’Leary Craine & Powers, P.C. in Portland, Oregon, (503) 295-2924; and Richard Scruggs and Sidney Backstrom of the Scruggs Law Firm, P.A. in Oxford, Mississippi, (662) 281-1212.

© Phillips Law Group PLLC

 

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