Welcome to the Information Website for the Schmitt v. Kaiser Foundation Health Plan of Washington, et al., Class Action Settlement.

Three individuals on Washington insured plans who needed hearing aids sued Kaiser Foundation Health Plan of Washington, Inc., Kaiser Foundation Health Plan of Washington Options, Inc., Kaiser Foundation Health Plan of the Northwest and Kaiser Foundation Health Plan, Inc. (together “Kaiser”) in a Washington class action lawsuit. Kaiser excluded hearing aids and associated services in their insurance policies, but the individuals maintained that such exclusions violated the law and were not enforceable.

The three individuals, called the “Named Plaintiffs,” and Kaiser have reached a settlement agreement in which Kaiser will pay $3,000,000 to a settlement fund to reimburse class members for uncovered expenses for hearing aids and associated services incurred from October 30, 2014 through December 31, 2023. You may be able to file a claim for unreimbursed expenses for these services.

The U.S. District Court for the Western District of Washington has granted preliminary approval of the Agreement and ordered notice to be distributed to potential Settlement Class Members. Notice will be provided to all Kaiser enrollees in Washington health insurance plans that did not include the hearing aid coverage at issue in this case, anytime from October 30, 2014 through December 31, 2023.

Settlement Class Members are defined in the Settlement Agreement as:

All individuals who: (1) were insured at any time during the Settlement Class Period under a Washington health insurance plan that has been, is or will be delivered, issued for delivery, or renewed by Kaiser Foundation Health Plan of Washington and Kaiser Foundation Health Plan of Washington Options (collectively, “Kaiser”), excluding Medicare Advantage plans and plans governed by Federal Employees Health Benefits Act, that did not cover Hearing Aids and Associated Services and (2) incurred unreimbursed out-of-pocket expenses in obtaining medically necessary treatment for hearing loss, including Hearing Aids and Associated Services.

If you have questions for how to complete the Claim Form, you can contact the Notice and Claims Processor by email at info@KPHearingAidSettlement.com or by phone at 1-888-339-4196 (toll-free) or 1-877-921-3669 (TTY). You may also contact Class Counsel, Sirianni Youtz Spoonemore Hamburger, by visiting https://www.symslaw.com/kaiserhearingaids or calling 206-223-0303.


Your Legal Rights and Options in This Lawsuit
Option Description of Option
You may comment on the proposed agreement.

Comments on the proposed agreement were to be received by April 4, 2024.

You may make a claim.

The Claim Filing Deadline for this Settlement was April 4, 2024. Claims are no longer accepted.

You may do nothing.

If you did nothing, your claims will be released. If the agreement is approved, and you qualify as a class member, any claims you have against Kaiser regarding coverage for hearing aids and associated services from October 30, 2014 to December 31, 2023, will be released.

You may ask to be excluded.

Requests for exclusion were to be received by April 4, 2024.