If the Court grants final approval, Banner Health will provide the following Settlement benefits to Class Members:
- Ordinary Cash Reimbursement - a cash payment for up to 3 hours of undocumented lost time in connection with the Security Incident and/or additional documented expenses or monetary loss (up to $500.00 per Class Member) as outlined in the Settlement Agreement;
- Extraordinary Cash Reimbursement - a cash payment for up to 15 additional hours of documented lost time in connection with the Security Incident and/or additional documented expenses or monetary loss (up to $10,000.00 per Class Member) as outlined in the Settlement Agreement; and
- Two Years of Credit Monitoring which includes $1 million in identity-theft coverage.
Cash Reimbursement Terms: Banner Health will pay up to a total of $6,000,000 for Class Members’ valid claims for Ordinary and Extraordinary Cash Reimbursement. To receive compensation for out-of-pocket losses or lost time incurred due to the Security Incident, you must submit a Claim Form by February 9, 2021. Claims for Ordinary Lost Time will be compensated at $15.00 per hour upon attestation by the Class Member that the time was spent as a result of the Security Incident. Claims for Extraordinary Lost Time will be compensated at the rate of $15.00 per hour unless the Class Member establishes through documented proof that the Class Member took unpaid time off work and the Class Member's actual standard compensation rate exceeds $15.00 per hour, in which case payment shall be at the rate of actual compensation up to a maximum of $40.00 per hour. If the value of valid claims for Ordinary and Extraordinary Cash Reimbursement exceeds a total of $6,000,000, all claims will be reduced on a pro rata basis prior to payment. Otherwise, the Claims Administrator will process and pay valid claims in their entirety. The amount you are entitled to receive depends on several factors, including how many Claim Forms are filed before the deadline. You may review the Claim Form to see an explanation of the types of loss that are considered Ordinary or Extraordinary as well as specific documentation requirements and hourly payment rates for claimed lost time.
Credit Monitoring Offering Terms: To receive two years of additional credit monitoring, Class Members must submit a valid claim either online or by mail to enroll in credit monitoring. The deadline to submit a Claim Form is February 9, 2021.
Injunctive Relief: The Settlement also includes injunctive relief for all Class Members regardless of whether you make a claim in the Settlement. Banner has provided proof of its security enhancements to the Class Representatives and Class Counsel regarding improvements to its information security enterprise since the Security Incident. Banner has also agreed to implement extensive information security improvements, including a robust set of future business practice commitments and commitments to substantial information security funding.
Fees, Costs, and Expenses Associated with the Settlement: The parties estimate that the fees, costs, and expenses associated with the Settlement will be as follows: (i) Settlement Administration Costs estimated to be One Million Five Hundred Thousand Dollars ($1,500,000); (ii) a Fee and Cost Award, to be requested by Class Counsel, not to exceed Two Million Nine Hundred Thousand Dollars ($2,900,000); and (iii) a Service Payment Award, to be requested by the Settlement Class Representatives, not to exceed Five Thousand Dollars per Class Representative ($30,000 in Total).