Baptist Emergency Hospital Settlement

IN THE DISTRICT COURT 73rd JUDICIAL DISTRICT BEXAR COUNTY, TEXAS

KENNETH KESLAR II, individually and on behalf of all others similarly situated, Plaintiff, v. EMERUS / BHS SA THOUSAND OAKS, LLC d/b/a BAPTIST EMERGENCY HOSPITAL - SHAVANO PARK, EMERUS HOSPITAL PARTNERS, LLC, and EMERUS HOLDINGS INC., Defendants., Case No. 2020-CI-18623

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT.
YOU MAY BE ELIGIBLE TO HAVE YOUR LABORATORY PANEL BILL REDUCED, REFUNDED, OR BALANCE FORGIVEN IN A CLASS ACTION SETTLEMENT.

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This Notice tells you about a proposed “Settlement” in a case against Baptist Neighborhood Hospital (“BNH”) (previously known as Baptist Emergency Hospital) and the related Emerus entities listed below.

  1. Baptist Neighborhood Hospital Hausman, 8230 N 1604 W., San Antonio, TX 78249;

  2. Baptist Neighborhood Hospital Kelly, 806 Cupples Rd, San Antonio, TX 78237;

  3. Baptist Neighborhood Hospital Overlook, 25615 US-281, San Antonio, TX 78258;

  4. Baptist Neighborhood Hospital Schertz, 16977 I-35 N., Schertz, TX 78154;

  5. Baptist Neighborhood Hospital Shavano Park, 4103 North Loop 1604 W., San Antonio, TX 78249;

  6. Baptist Neighborhood Hospital Thousand Oaks, 16088 San Pedro Ave., San Antonio, TX 78232;

  7. Baptist Neighborhood Hospital Westover Hills, 10811 Town Center Dr., San Antonio, TX 78251; and

  8. Baptist Neighborhood Hospital Zarzamora, 7719 IH 35 S., San Antonio, TX 78224.

The Settlement has not yet been approved by the Court. If it is approved, you may qualify:

  • to have money refunded to you, or

  • the amount you owe BNH forgiven or written off, in whole or in part.

To get a refund, you must send in a Claim Form by September 18, 2023. You do not have to submit a claim form or do anything else to get a debt relating to the laboratory panels forgiven.

Please read further for more information on the Settlement and how to get benefits under the Settlement:

Your legal rights will be affected by the Settlement whether you file a claim or do nothing. Please read this Notice carefully for more information about your options and rights.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

YOU MAY DUE DATE
SUBMIT A CLAIM FORM

You must submit a Claim Form, either by mail or online, pursuant to the instructions in the Notice, to be considered for a refund under the Settlement. If you submit a Claim Form, the Settlement Administrator – RG/2 Claims Administration LLC - will determine if you are entitled to a Refund under the Settlement.

 BY: SEPTEMBER 18, 2023
OBJECT TO THE SETTLEMENT

If you do not like the proposed Settlement or anything related to it discussed below, you may write to the Court and explain why. Even if you object to the Settlement, you can still submit a Claim Form as long as you do not opt out.

BY: April 24, 2023
OPT OUT OF THE SETTLEMENT

If you exclude yourself (i.e. “opt out”) from this Settlement, you will not get any of the benefits of the Settlement (i.e., no refund or forgiveness of your balance). But you will retain the right to sue Defendants on your own, at your own expense, relating to their billing practices during the Class Period.

BY: April 24, 2023
DO NOTHING

If you do nothing, you will not get any refund from the Settlement, BUT you will be considered for forgiveness of your balance, if eligible. Should you do nothing, you will also give up all your rights to sue Defendants on your own about the legal issues in this case.

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If you have any questions about the Settlement, you may: