Welcome to the Official Website for the UnityPoint Health Settlement
If you were sent notice by UnityPoint Health in April and/or July 2018 that your personal information and/or protected health information may have been or was exposed to unauthorized third parties as a result of data security incidents, this settlement may affect your rights.
A class action settlement has been reached under which your rights may be affected. The proposed Settlement will resolve a class action lawsuit pending in the United States District Court for the Western District of Wisconsin titled Fox, et al. v. Iowa Health System, d/b/a UnityPoint Health, Case No. 18-CV-327-JDP. On September 16, 2020, the Court preliminarily approved the Settlement.
If you are a Settlement Class member, then you may be entitled to reimbursement under the terms of the Settlement. If you are a Settlement Class member and you wish to file a claim, object to the Settlement, or exclude yourself from the Settlement, you must do so following the procedures outlined in the Court-approved Notice, which are also described below. Your legal rights will be affected whether you act or don’t act.
What is this about?
The Class Representatives filed a complaint against UnityPoint Health. The complaint alleges that UnityPoint Health acted unlawfully by failing to prevent the data security incidents. The Class Representatives claim that UnityPoint Health failed to fulfill its legal duty to adequately secure and safeguard the personal and protected health information of the Class Representatives and Settlement Class members, and that UnityPoint Health breached promises made to the Class Representatives and Settlement Class members concerning the security of their information.
UnityPoint Health denies the allegations asserted by the Class Representatives in the Action and contends that UnityPoint Health was and is in compliance with applicable state and federal law. The Court has not made any ruling on the ultimate merits of this case. The Class Representatives and UnityPoint Health have agreed to settle the Action, subject to the approval of the Court.
Who is included in the Settlement Class?
If you were sent notice by UnityPoint Health in April and/or July 2018 that your personal information and/or protected health information may have been or was exposed to unauthorized third parties as a result of data security incidents described as the First Data Breach and the Second Data Breach in the Second Amended Class Action Complaint (“Security Incidents”), you are a member of the Settlement Class.
What does the Settlement provide?
If the Court grants final approval of the Proposed Settlement, Settlement Class members can obtain several valuable benefits, which are summarized below and described in greater detail in FAQ 2.
- One year of comprehensive credit monitoring and identity theft protection services through Identity Guard’s Total Plan, which can be deferred for one year;
- Cash payment for up to $1,000 of Ordinary Expenses, including up to 3 hours of time valued at $15 per hour as well as documented out-of-pocket costs related to the Security Incidents, such as the costs of credit monitoring and identity theft protection services; and
- Cash payment for up to $6,000 of documented Extraordinary Expenses such as documented out-of-pocket costs or losses related to identity theft or fraud, including up to 10 additional hours of time valued at $15 per hour.
In addition, the Settlement provides that UnityPoint Health will make and/or maintain information security improvements.