Peters v. Aetna Inc., et al.

THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
Case No. 15-109-MR (W.D.N.C.)

If you were a member of a health benefit plan administered by Aetna and subject to ERISA, and you received chiropractic or physical therapy services after July 12, 2012, and you were improperly charged an administrative fee, you may be eligible to get a payment from the proposed settlement of a class action lawsuit.

•There is a proposed settlement (“Settlement”) with Aetna Inc. and Aetna Life Insurance Co. (together, “Aetna”) and OptumHealth Care Solutions, LLC (“Optum”) in a class action lawsuit, Peters v. Aetna Inc., et al., Civ. No. 15-109-MR (W.D.N.C.) (the “Action”).

•You received the Notice because your rights may be affected by the Settlement regarding covered benefit claims for chiropractic or physical therapy services that you submitted under a health care plan insured or administered by Aetna that was covered by the Employee Retirement Income Security Act of 1974 (“ERISA”) (an “Aetna Plan”). The Settlement will resolve a lawsuit over whether Aetna and Optum (together, “Defendants”) violated ERISA when Aetna imposed a fee for administrative services performed by its vendor Optum.

•You may be a member of the two classes certified by the Court in this lawsuit: (i) a class of plan members who paid more for a claim than they should have (referred to herein as the “Member Class”); and/or (ii) a class of plan members whose Aetna Plans paid more for a claim than they should have (referred to herein as the “Plan Class”). The Notice refers to the Member Class and Plan Class together as the “Classes.”

•The lawsuit is pending in federal court in Asheville, North Carolina (the “Court”). The Court has ordered the Notice be sent to you. The purpose of the Notice is to inform you how the Settlement may affect your rights and what steps you may take. The Notice is not an expression by the Court of any opinion as to the merits of any of the claims or defenses in this lawsuit.

•Defendants deny all of Plaintiff’s claims, but have agreed to the Settlement to resolve the Action.

•The Settlement provides monetary payments to eligible Class Members and their respective eligible Plans.

•Your rights and options – and the deadlines to exercise them – are explained in the Notice. Please read it carefully.

•If you have questions, you can visit the Frequently Asked Questions page on this website, call 1-800-322-1070, or email AetnaOptumAdminFeeSettlement@AtticusAdmin.com. You can also write to Aetna Optum Admin Fee Settlement Administrator, c/o Atticus Administration PO Box 64053 St. Paul, MN 55164.

SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS FOR THE SETTLEMENT
DO NOTHING AND REMAIN A MEMBER OF THE CLASSES	You do not need to do anything to be included in the Classes for the Settlement. As a member of the Classes, you may be entitled to remedies that the Court awards (if any). You automatically will be included in the Classes and your portion of the Settlement Fund will be calculated based on Aetna’s records and records that you can submit. If you remain in the Class, you will give up your right to sue Defendants for claims relating to the subject matter of the lawsuit.
EXCLUDE YOURSELF FROM THE CLASSES (“OPT-OUT”)	If you do not wish to be part of the Classes, you can exclude yourself (“opt-out”). If you opt-out, you will not be eligible for any payment from the Settlement, nor will you be able to object to the Settlement. You will, however, keep any rights you currently have to sue Aetna and/or Optum about the subject matter of the lawsuit.
OBJECT TO THE SETTLEMENT	Write to the Court about why you don’t like the Settlement. To object to the Settlement, you must send a copy of your objection via mail to the Court, Class Counsel, and counsel for Defendants. Their addresses are listed HERE. Your written objection must be filed with the Court and sent to Class Counsel and counsel for Defendants no later than July 10, 2025. If you object to the Settlement, you will remain a Class member.
GO TO A HEARING	Ask to speak in Court about the fairness of the Settlement. The Court will hold a Fairness Hearing on August 22, 2025, at the United States District Court for the Western District of North Carolina, 100 Otis Street, Asheville, NC 28801, to consider whether the Settlement is fair, reasonable, and adequate, including whether the proposed plan of allocating the Settlement, the proposed award of Class Counsel’s attorneys’ fees and costs, and the proposed incentive award for the class representative are fair, reasonable and adequate. If you want to speak at the Fairness Hearing, you must let the Court and the parties know by providing the Court and the parties with a letter that is received by July 10, 2025, stating that you intend to appear at the hearing. You cannot speak at the hearing if you opt-out of the Settlement.