"If you are a subscriber of Kaiser Foundation Health Plan,
Inc. and you, or your dependent, have been diagnosed with an autism spectrum
disorder from April 8, 2004 through June 30, 2012, you could receive benefits
from a class action settlement.
Kaiser Permanente has recently agreed to pay $9 million to
settle a class-action lawsuit that alleged that the health plan illegally
refused to cover behavioral therapy for children with autism before the
enactment of a state law (SB 946) required them to do so. Kaiser will establish
a fund to reimburse any class members who paid out-of-pocket for the therapy
prior to the state law. Any remaining funding will go toward autism research.
This settlement resolves a class action lawsuit brought by
Plaintiffs on behalf of a class of Kaiser members over whether Kaiser
improperly denied coverage for Applied Behavioral Analysis (ABA) and Speech
Therapy (ST) for those with an Autism Spectrum Disorder (ASD). The settlement
avoids costs and risks from continuing the lawsuit; it reimburses monies paid
or owed for ABA and ST by you; and it releases Kaiser from liability.
The settlement will provide up to $9,290,000 to reimburse
Kaiser members who spent or owe money for ABA and ST to treat ASD. To qualify,
you must submit a claim form and supporting documentation. The settlement also
requires Kaiser to follow certain practices in providing ABA and ST to those
with an ASD in the future.
Court-appointed lawyers for the class of Kaiser members will
ask the Court for up to $2,890,000 to be paid separately by Kaiser, as fees and
expenses for investigating the facts, litigating the case, and negotiating the
settlement."
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