Over objections, Judge Approves BJC Healthcare Class-Action Lawsuit Settlement

A circuit court judge has approved the class action settlement between BJC HealthCare and a group of its uninsured patients.

Judge David L. Dowd of the Circuit Court in St. Louis issued the ruling Friday afternoon – nearly 10 days after several members of the lawsuit filed objections to the settlement saying it didn’t go far enough to address the excessive prices patients without insurance had to pay the St. Louis-based hospital system (“BJC Healthcare Class Action Settlement with Uninsured Patients Hits Snag,” Sept. 11).

Stuart R. Berkowitz, the attorney representing the objecting class-action members, had asked the court to require BJC Healthcare at least match Tenet Healthcare Corp.’s policy of granting uninsured patients its lowest negotiated rate with an insurer. His motion was supported by St. Louis Area Jobs for Justice, the Missouri Association of Social Welfare and Community Catalyst, a national policy and advocacy organization.

BJC spokeswoman June Fowler, however, said the judge accepted the settlement “as written.”

“We think it’s a fair settlement and in the best interest of our patients who don’t have insurance,” Fowler said. “This combined with our already existing financial assistance programs for people willing to share their income and family size makes this a very good outcome.”

Under the terms of the settlement, uninsured patients will receive a 25 percent self-pay discount on inpatient and outpatient services, plus any charity care discounts for which they may qualify.  Uninsured patients will get an additional 5 percent discount if they pay their bills within 30 days.  Uninsured patients who paid some or all of the cost may be eligible for refund or reduction in their bills.

Fowler said BJC has been providing the discounts since it agreed to the settlement in March. It affects uninsured patients who received care at BJC since January 1, 1999. The discounts agreed to in the settlement will continue through at least 2012, she said.