ECL $4,077,232 Settlement for Data Breach

A significant class action settlement has been reached involving ECL Group, LLC, and affiliated entities, which provided record-keeping and practice management support services to physicians and eyecare clinics. If you are a physician or eyecare clinic that contracted with ECL Group, or a patient of such a clinic, you may be eligible for a payment from this settlement. The settlement resolves claims that ECL Group lost control of patients' sensitive personal information during ransomware attacks and experienced service outages, affecting physicians' access to patient data.

Who Benefits?: Physicians and eyecare clinics contracted with ECL as of April 2023, and patients of associated physicians or clinics. How much can I get?: Physicians can claim cash payments and billing credits, while patients can claim out-of-pocket expenses up to $5,000 or a cash payment, with amounts depending on the number of valid claims received.

Important Dates

• Fairness Hearing: February 13, 2024
• Deadline to File a Claim: March 14, 2024

Who Are the Class Members in the ECL Settlement?

The ECL Settlement encompasses two distinct classes: the Patient Settlement Class and the Physician Settlement Class. The Patient Settlement Class includes U.S. residents whose personal or health information was compromised in the Data Breach. The Physician Settlement Class is further divided into four subclasses:

• iMedicWare Class
• myCare Integrity Class
• MVE Class
• Revenue Cycle Management Class

These subclasses represent different service aspects provided by ECL, such as EMR management services using various software or revenue cycle management services. They have experienced service interruptions or received delayed services due to ransomware attacks or other disruptions since January 1, 2019.

Exclusions apply to those whose contracts with ECL were terminated before April 2023 or those who have already received a billing credit exceeding the available credit under the Settlement.

What Awards Can Class Members Claim?

Class members are eligible for various benefits under the settlement. The Patient Settlement Fund, initially at least $2,616,783, will be used to pay claims for documented out-of-pocket expenses incurred because of the Data Breach, up to $5,000. Additionally, a pro rata cash payment will be available, with the amount determined by the number of valid claims received.

The Physician Settlement Fund starts at a minimum of $1,460,449.50 and will be distributed evenly to valid claimants of the Physician Settlement Class. Additional funds up to $9,500,000 may be added to this fund, depending on insurance coverage availability. Billing credits with a total potential value of $5,739,500 are also available to eligible members of the Physician Settlement Class.

Services Impacted by the ECL Settlement

Affected services include EMR management services using iMedicWare, myCare Integrity, and MyVisionExpress software, as well as revenue cycle management services provided by Alta Billing. These services were disrupted or compromised as a result of the Data Breach and subsequent outages.

Is Proof Required to Claim the Reward?

Yes, proof is required to claim a reward. For the Patient Settlement Class, members must submit a valid claim for documented out-of-pocket expenses incurred due to the Data Breach. For the Physician Settlement Class, members must submit a valid claim form for a billing credit or a cash payment.

How to Claim Your Award

To claim your award, you must submit a timely and valid Claim Form. For the Patient Settlement Class, this includes a claim for out-of-pocket reimbursement or a cash payment. For the Physician Settlement Class, this includes a claim for a billing credit or a cash payment. Claim Forms can be submitted online at https://eclsettlement.com/Home/SubmitClaim or mailed to the Settlement Administrator by the deadline of March 14, 2024.

It is important to keep your contact information updated with the Settlement Administrator to ensure you receive any settlement benefits.

An In-Depth Look at the Settlement Amount

The settlement amount is derived from the Defendants' insurance policies and is divided into two funds: the Patient Settlement Fund and the Physician Settlement Fund. The initial amounts of these funds are $2,616,783 and $1,460,449.50, respectively, with the possibility of additional funds being added to the Physician Settlement Fund.

The final amounts distributed to claimants will depend on the number of valid claims received and may be adjusted accordingly. The settlement also includes billing credits for eligible Physician Settlement Class members.

Exploring the Reasons Behind the ECL Class Action Settlement

The ECL Class Action Settlement arises from allegations that ECL was negligent in maintaining data, resulting in a Data Breach that potentially exposed personal health information and impacted the operation of eyecare practices. Defendants deny all allegations but have agreed to settle to avoid the uncertainties and expenses associated with continued litigation.