Terms of the Proposed Settlement. The sum of One Hundred Eight Million Dollars ($108,000,000.00) will be transferred to the Escrow Agent within twenty-one (21) days after the later of: (i) entry of the Order Preliminarily Approving Settlement and Providing for Notice, and (ii) the provision to Defendants of information necessary to effectuate a payment of funds. The principal amount of $108,000,000.00, plus any accrued interest once transferred, constitutes the Settlement Fund. A portion of the settlement proceeds will be used for certain administrative expenses, including costs of printing and mailing this Notice, the cost of publishing a newspaper notice and notice over Business Wire, payment of any taxes assessed against the Settlement Fund, and costs associated with the processing of claims submitted. In addition, as explained below, a portion of the Settlement Fund may be awarded by the Court to Lead Counsel as attorneys’ fees and for expenses in litigating the case and to Plaintiffs for their costs and expenses in representing the Class. The balance of the Settlement Fund (the “Net Settlement Fund”) will be distributed according to the Plan of Allocation described below to Class Members who submit valid and timely Proof of Claim and Release forms.
Terms of the Proposed Settlement. 5. Who is in the Settlement Class? The Settlement Class is defined as all individuals whose PII was impacted by the Incident which was announced on or about November 30, 2022. Excluded from the Settlement Class are: (a) Suffolk’s officers and directors; (b) any entity in which Suffolk has a controlling interest; and (c) the affiliates, legal representatives, attorneys, successors, heirs, and assigns of Suffolk. Also excluded from the Settlement Classes are members of the judiciary to whom this case is assigned, their families and members of their staff.
Terms of the Proposed Settlement. 5. Who is in the Settlement Class? The Settlement Class is defined by the Court as all individuals identified by DAVACO and to whom DAVACO sent notice that their information may have been impacted in the Security Incident.
Terms of the Proposed Settlement. 15. On , 2021, the Court conditionally certified a class of owners of unclaimed property whose claim for return of their property from the Treasurer was paid or approved during the period August 22, 2017 to (date of preliminary approval) (the “Rule 23(b)(3) Settlement Class”). The Court had previously certified a Class of owners of unclaimed property whose property was being held in the form of money by the Treasurer (the “Rule 23(b)(2) Class”). Under the Settlement Agreement, the Rule 23(b)(2) Class will include all persons who are owners of unclaimed property held in the form of money by the Treasurer as of (date of preliminary approval).
Terms of the Proposed Settlement. 5. Who is in the Settlement Class? The Settlement Class is defined as all persons residing in the United States to whom MRIA sent its notice of the Data Incident that MRIA discovered on or about November 9, 2021. Excluded from the Settlement Class are: (a) MRIA’s officers and directors; (b) any entity in which MRIA has a controlling interest; and (c) the affiliates, legal representatives, attorneys, successors, heirs, and assigns of MRIA. Also excluded are members of the judiciary to whom this case is assigned, their families and members of their staff.
Terms of the Proposed Settlement. Under the terms of the proposed settlement, Medicare would be required to rewrite its manual provisions to state that coverage standards for SNF, HH, and OPT coverage of therapy 0000 X XXXXXX, XX SEVENTH FLOOR WASHINGTON DC 20005 PH 000.000.0000 FX 202.785.1756 XXX.XXXX.XXX does not turn on the individual’s potential for improvement, but rather on their need for skilled care. More specifically, CMS would agree to revise its Medicare Benefits Policy Manual (“MBPM”) to clarify that: SNF, HH and OPT coverage standards provide for maintenance coverage of skilled therapy services when an individualized assessment of the patient’s clinical condition demonstrates that the specialized judgment, knowledge, and skills of a qualified therapist (“skilled care”) are necessary for the performance of a safe and effective maintenance program t o maintain the patient’s current condition or to prevent or slow further deterioration. The design of the a maintenance program by a qualified therapist, the instruction of the beneficiary regarding the maintenance program, and necessary periodic reevaluations by a qualified therapist are all covered services, assuming that specialized knowledge and judgment of a qualified therapist are required. The SNF and HH benefits provide for coverage of skilled nursing services when an individualized assessment of the patient’s clinical condition demonstrates that the skills of a registered nurse or a licensed practical nurse are necessary to maintain the patient’s current condition or prevent or slow further deterioration. Thus, if the settlement is approved, Medicare will no longer be able to deny skilled services based on failure to improve, lack of restorative potential, the patient’s progress having “plateaued,” and other similar “rules of thumb” that have been used in the past and are routinely used today. The new rules would apply to fee-for-service Medicare as well as Medicare Advantage plans and would apply to all Medicare beneficiaries including those eligible for Medicare based on disability and end-stage renal disease (“ESRD”). However, the settlement does contain some limiting provisions to prevent an unlimited Medicare benefit of these services. The settlement provides that Medicare is not required to cover skilled therapy where the maintenance program could be safely and effectively accomplished by the patient or with the assistance of non-therapists, including unskilled caregivers. Rather, the patient must have “...
Terms of the Proposed Settlement. 5. Who is in the Settlement Class and California Subclass? The Settlement Class is defined as all persons whose personally identifiable information was potentially compromised as a result of the Cyberattack and who were sent written notices of the Cyberattack from Alacrity.
Terms of the Proposed Settlement. 5. Who is in the Settlement Class? The Settlement Class is defined as all 227,943 persons whose PII, PHI, and/or PBI was potentially compromised in the cybersecurity incident involving Illinois Gastroenterology Group, P.L.L.C.’s (“IGG”) computer network on October 22, 2021, and who were the subject of the Notice of Data Breach that IGG published on April 22, 2022.
Terms of the Proposed Settlement. 5. Who is in the Settlement Class and California Subclass? The Settlement Class is defined as all residents of the United States whose personal information was compromised as a result of the Cyberattack, which gave rise to the above-captioned case. persons whose personally identifiable information was potentially compromised as a result of the Cyberattack who resided in California on November 1, 2021. Excluded from the Settlement Class and California Subclass are: (a) officers and directors; (b) any entity in which Creative Ventures has a controlling interest; and (c) the affiliates, legal representatives, attorneys, successors, heirs, and assigns of Creative Ventures. Also excluded are members of the judiciary to whom this case is assigned, their families and members of their staff.
Terms of the Proposed Settlement. 5. Who is in the Settlement Class? The Settlement Class is defined as all persons to whom Afni provided notification that their personal information was exposed in the Data Incident that occurred on or about June 7, 2021. Excluded from the Settlement Class are: (1) the judges presiding over the Lawsuit and their direct family members; (2) Settlement Class Members who submit a valid a Request for Exclusion prior to the Opt-Out Deadline; (3) Afni and its respective Officers and Directors; and (4) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding, or abetting the Data Incident or who pleads nolo contendere to any such charge.
