Update: The Federal Court has approved the settlement with OneShare Health.
The Order granting final approval can be viewed here.
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Proposed Settlement with OneShare Health, Inc. on behalf of Unity/Aliera Members
A settlement with OneShare Health, Inc. has been reached on behalf of the Unity Healthshare members whose claims were administered by Aliera.
The settlement has been preliminarily approved by the Court, and a final approval hearing is scheduled for January 11, 2024.
if you are a class member, you have certain rights, including the right to make a claim.
You should read the following carefully.
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Updates:
August 24, 2023 Update: Class counsel has filed its motion for fees, costs, and incentive awards. You can read the motion here.
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Background: Individuals enrolled in Unity Healthshare and Aliera Healthcare sued both companies to recover either the monthly payments or uncovered medical expenses in three different lawsuits in California, Colorado and Kentucky. Copies of the lawsuits can be viewed here (California), here (Colorado) and here (Kentucky). The lawsuits alleged, in part, that Unity Healthshare, Trinity Healthshare, and The Aliera Companies sold unauthorized health insurance to their members.
Aliera sold healthcare plans through Unity HealthShare from October 31, 2016 through August 10, 2018. Unity HealthShare ceased doing business with Aliera and changed its name to OneShare. Aliera then began selling healthcare sharing plans through Trinity Healthshare, which later changed its name to Sharity Ministries. Trinity/Sharity and Unity/OneShare are unrelated entities.
OneShare, unlike Aliera and Trinity, is not in bankruptcy. The class representatives in the three lawsuits reached a settlement with OneShare. The complete settlement agreement can be found here. This agreement settles all claims against OneShare on behalf of a nationwide class of OneShare members who purchased a Unity plan through Aliera between October 31, 2016 and August 10, 2018. That nationwide class has been certified and the settlement agreement preliminarily approved by the court in Duncan v. The Aliera Companies, Inc., et al., Case No. 2:20-cv-00867-TLN-KJN. A copy of the Court’s Amended Order Granting Plaintiffs’ Motion for Preliminary Approval of Settlement can be found here.
This OneShare Class Settlement is separate from the Plan approved in the Aliera Bankruptcy, described here. Former Unity members have claims to both a pro rata share of the OneShare Class Settlement fund, and have a separate claim in the Aliera bankruptcy from which they may receive compensation, as described here.
The Settlement Class is defined as: “All individuals who purchased a plan from both Aliera Healthcare, Inc. and Unity Healthshare, LLC at any time on or before August 10, 2018.”
Submitting Claims or Opting Out. The Notice of Class Settlement and Claim Forms were emailed to members by the Claims Administrator, BMC Administrators, on August 4, 2023. A copy of the Notice of Class Settlement, along with Frequently Asked Questions, can be found here.
If you are a member of the Settlement Class, you may do one of the following:
(1) File a claim for either (1) the total paid monthly payments to Unity/Aliera, or (2) the unpaid medical expenses incurred while you were enrolled with Unity/Aliera. A copy of the Claim Form, certification of payments and Instructions can be found here, here, and here.
(2) Opt out of the Class. If you opt out, you will not receive any financial benefit from the Settlement, but you will keep any right you may have to sue OneShare separately about the same legal claims in this lawsuit. Instructions to do so can be found in the notice, which is here.
(3) Do nothing. By doing nothing, you get no financial benefit from this lawsuit and you give up any rights to sue OneShare separately about the same legal claims in this lawsuit.
If you file a claim for your unpaid medical expenses you must also sign and return a HIPAA release form, which is attached here, authorizing Class Counsel or its designee to investigate the claims, and if necessary and appropriate, to represent you in negotiating with the medical providers identified in the claim to reduce the amount of the debt owed and/or to resolve collections efforts with regard to the unpaid medical expenses.
If you file a claim for monthly payments, that amount can include amounts paid to Aliera/Unity after August 2018 if you remained a Unity member, up until the date you either transferred your membership to a Trinity plan, transferred your membership to a OneShare plan, or discontinued your membership through Aliera altogether.
If you elect to either file a claim under (1) above, or opt out under (2) above, your claim form or your opt-out form must be received by BMC, the Claims Administrator, at Duncan v. Aliera, Exclusion Request, c/o BMC Group, PO Box 90100, Los Angeles, CA 90009 no later than November 12, 2023.
If you wish to receive a financial benefit from this Settlement you must file a Claim Form.
Final Hearing. A hearing for final approval of the settlement, an award of fees and expenses to Class Counsel, and service awards to the Class Representatives will be held on January 11, 2024, at 1:30 p.m. in Courtroom 2, at the Robert T. Matsui United States Courthouse, 501 I Street, Sacramento, California 95814. The hearing date, time, and location can change. Please contact Class Counsell at Unitysettlement@sylaw.com or (206) 223-0303, if you want to confirm the date and time of the hearing as that date approaches. You are not required to attend to make a claim.
Objections to Settlement. If you are a member of the Settlement Class, you may object to the proposed settlement. If you choose to object, your objection must be received by the Court on or before November 12, 2023. Any comment or objection must (1) clearly identify the case name and number, Duncan v. The Aliera Companies, Inc., No. 2:20-CV-00867-TLN-KJN (E.D. Cal), and (2) include the following information:
(a) The objector’s name, address, and telephone number, and the same information for the objector’s attorney, if applicable;
(b) The factual and legal grounds for the objection, including adequate evidence (documents and attestations) to establish that the objector is a member of the Settlement Class; and
(c) If the objector wishes to appear at the Final Approval Hearing, a statement of intent to appear, the name, address, telephone number, and email address of the attorney who will appear (if applicable), a list of witnesses (if applicable0, and copies of any evidence the objector plans to present at the hearing (if applicable).
An objection must be timely submitted by filing (i) through the Court’s Case Management /Electronic Case Files system, (ii) filing in person at any location of the United States District Court for the Eastern District of California, or(iii) mailing to the Duncan v. Aliera Settlement Hearing, United States District Court for the Eastern District of California, 501 I Street, Sacramento, CA 95814.
Class counsel’s motion for attorney fees and costs appears here. Please email Class Counsell at Unitysettlement@sylaw.com or call (206) 223-0303 if you would like copies of any of the supporting declarations in support of the motion.