UnityPoint Health Settlement

A class action settlement has been reached under which your rights may be affected. The 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 March 4, 2021, the Court granted final approval of the settlement.

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 were a member of the Settlement Class.

What does the Settlement provide?

Settlement Class members who filed a valid and timely claim could have obtained obtained several valuable benefits, which are described in greater detail in FAQ 2.

1. One year of comprehensive credit monitoring and identity theft protection services through Identity Guard’s Total Plan, which could have been deferred for one year;
2. 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
3. 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.

Your Legal Rights and Options in This Settlement

Action	Explanation	Deadline
Obtain Benefits Under the Settlement and Submit a Claim Form	To obtain benefits under the Settlement, Settlement Class members had to have filed a valid and timely claim by March 2, 2021.	Claims had to be filed on or before March 2, 2021.
Object to the Settlement	Settlement Class members had the opportunity to object to the Settlement. For more information about objecting to the Settlement, see FAQ 9. If you objected, you were still eligible to receive benefits under the Settlement if you filed a valid and timely claim.	Objections had to be filed on or before January 4, 2021.
Exclude Yourself from the Settlement	If you chose to exclude yourself (opt out) from the Settlement, you were not included in the Settlement, you did not receive any benefits under the Settlement, and you retained any right you had to sue UnityPoint Health about the claims in the Action.	Requests for exclusion had to be mailed on or before January 4, 2021.
Do Nothing	If you did not make a claim or exclude yourself from the Settlement within the deadlines stated above, you will not receive any benefits under the Settlement, and you gave up your right to sue UnityPoint Health about the legal claims asserted in the Action.