Unredacted Final Judgment & Order

Attached to the Settlement Agreement as Exhibit B is the [Proposed] Final Judgment and Order Pursuant to Stipulation, which sets out the injunction agreed to as part of the Settlement.

The injunction includes caps on the rates that Sutter may charge for out-of-network services and a limit on the aggregate amount Sutter may increase its billed charges each year. The amounts of the rate caps and chargemaster increase limits have been sealed pursuant to an order of the Court.

For purposes of evaluating and/or objecting to the terms of the Settlement, Class Members may seek access to the amounts of the rate caps and the limit on annual chargemaster increases up to the deadline for objections, May 28, 2021, provided they comply with the following procedure. A Class Member wishing to access such information must complete, sign, and submit the short declaration.

In the declaration, the Class Member will state under oath that (a) it requests access to the redacted information, (b) it is a member of the Class, (c) it is or is not a healthcare provider, (d) it agrees to be bound by the protective order entered by the Court on June 9, 2020, and (e) authorized individuals accessing the redacted information will sign an acknowledgment and agreement to be bound by the protective order. Class Members must submit the acknowledgment and agreement to be bound to the Claims Administrator via the "Request Document Access" page.

The Court entered the Protective Order Regarding Out-Of-Network Rate Caps and Chargemaster Aggregate Annual Increases, available here, to ensure that Class Members who receive disclosure of the rate caps and chargemaster increase limit maintain the confidentiality of that information and use it solely for the purpose of evaluating and/or objecting to the Settlement. The protective order identifies the classes of individuals at the Class Member who may access the redacted information. Class Members must read the protective order carefully before submitting the declaration to the Claims Administrator via the "Request Document Access" page.

If the Class Member is a government entity, it is also subject to a further requirement: it may only access the redacted information via a virtual data room, to protect against further disclosure due to a potential request for public records such as a California Public Records Act request. Instructions for accessing the redacted information via the data site are available here. Class Members who are government entities must provide a statement claiming they are a government entity with their request.

The amounts of the caps and the limits on annual chargemaster increases are being provided to Class Members solely for their evaluation of and/or objection to the Settlement. The information will only be available until the deadline for submitting an objection, May 28, 2021. Class Members should complete, sign, and submit the required declaration to the Claims Administrator via the "Request Document Access" page.

Class Members who wish to refer to the caps and/or the limits in an objection to the Settlement may do so provided they mail to Plaintiffs’ Counsel both a copy of the objection that redacts all such references and an unredacted copy. Plaintiffs’ Counsel will file any objections with the Court and serve them on Defendants.