Ohio Privacy Settlement

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO

Case No. 2:18-cv-00238-EAS-CMV
Case No. 2:18-cv-00488-EAS-CMV

If you participated in the Ohio Department of Health Drug Assistance Program and a mailing in August 2017 containing your Protected Health Information was mailed, provided, or sent for delivery to you, your rights may be affected by a class action lawsuit.


  • Certain participants in the Ohio Department of Health Drug Assistance Program (“OhDAP”) have sued Caremark, L.L.C. (“Caremark”), and Fiserv, Inc. and Fiserv Solutions, LLC (collectively, “Fiserv” and with Caremark, “Defendants”) claiming that they wrongfully disclosed OhDAP participants’ confidential, Protected Health Information in mailings that were mailed, provided, or sent for delivery in August of 2017 (the “OhDAP Mailing”). Caremark and Fiserv dispute that they have done anything wrong and believe that they have complied with all applicable laws. The Court has not decided which side is right.

  • A Settlement has been reached in this lawsuit.  Under the terms of the Settlement, Caremark will pay $4,400,000 into a Settlement Fund.  The Settlement will also require Caremark to maintain certain changes to its practices and provide additional training to appropriate employees on privacy.

  • All OhDAP participants to whom the OhDAP Mailing was mailed, sent for delivery, or provided are members of the Settlement Class (and are referred to as Settlement Class Members).  Settlement Class Members will be entitled to compensation from the Settlement Fund. 

  • If you are a Settlement Class Member, then you are part of this Settlement.  Your legal rights are affected whether you act or don’t act.  Read this website carefully. 

  • Important: If you believe you are a Settlement Class Member but did not receive a Notice in the mail (in your Name), you MUST contact the Settlement Administrator to receive any benefits under this Settlement, including the $400 Base Payment.


YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT:

DO NOTHING

You will receive at least $400 if you are a Settlement Class Member (i.e., if the OhDAP Mailing was mailed, provided, or sent for delivery to you).  By doing nothing, you are choosing to stay in the Settlement and you are entitled to the monetary benefits described on this website, including $400. You will also give up the right to sue Caremark, Fiserv, and the State of Ohio on your own about the legal claims resolved by the Settlement.

FILE A CLAIM

You may receive additional money.  If you file a claim, you may also be entitled to additional reimbursement of up to $10,000 in non-reimbursed out-of-pocket expenses you claim result from the OhDAP Mailing, such as moving costs, counseling costs, and loss of income.  In addition, if you claim to have suffered non-financial harm as a result of the OhDAP Mailing, such as emotional distress, you may be entitled to an additional reimbursement of up to $2,500.  All claims must be postmarked or submitted electronically by December 20, 2019.

Reminder: you do not have to file a claim to receive the $400 automatic payment described above.

OBJECT

You may write to the Court about what you don’t like about the Settlement.  In order to object to the Settlement you must stay in the lawsuit and be bound by the Settlement and its releases.  If you want to object, you must do so in writing and in accordance with the procedures in the Settlement (which are described in FAQ11).  Your written objection must be postmarked no later than December 20, 2019. 

OPT-OUT AND EXCLUDE YOURSELF

Get out of this Settlement.  You will give up your right to any benefits from the Settlement.  You will not receive the $400 automatic payment described above or any other compensation.  However, you will keep your rights to bring your own lawsuit.  If you want to opt out and exclude yourself, you must do so in writing and in accordance with the procedures in the Settlement (which are described in FAQ10 ).  Your written opt-out notice must be postmarked no later than December 20, 2019.

       

This website is authorized by the Court, supervised by counsel and controlled by the Settlement Administrator approved by the Court. This is the only authorized website for this case.

For more information please call 1-833-253-8060

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Submit Claim

Click here to safely and securely submit a Claim Form.

Important Dates

  • Exclusion Deadline

    Friday, December 20, 2019

    You must complete and mail your request for exclusion form so that it is postmarked no later than Friday, December 20, 2019.

  • Objection Deadline

    Friday, December 20, 2019

    You must mail your objection(s) and/or notice of intent to appear at the Final Approval Hearing so that it/they are postmarked no later than Friday, December 20, 2019.

  • Claim Form Deadline

    Friday, December 20, 2019

    You must submit your Claim Form on-line no later than, Friday, December 20, 2019, or mail your completed paper Claim Form so that it is postmarked no later than Friday, December 20, 2019.

  • Final Approval Hearing Date.

    Tuesday, January 14, 2020

    The Final Approval Hearing is scheduled for Tuesday, January 14, 2020. Please check this website for updates.

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