Update: Distribution of Settlement Awards began on November 3, 2023. Please allow 14 day for delivery of your paper check. Please email info@AssistcareDataSettlement.com if you have any questions. 

Update: As of October 28, 2023, the process to enroll in Experian IdentityWorks credit monitoring and identity restoration services is now active. Please email info@AssistcareDataSettlement.com for help locating your Activation Code. If you need assistance with the enrollment process or have questions regarding your IdentityWorks benefits, please contact Experian’s customer care team directly at 1-877-288-8057.

Settlement Information

A settlement has been reached in a class action lawsuit against Assistcare Home Health Services (“Preferred Home”) relating to a data incident against Assistcare that occurred on or about January 9, 2021 (the “Data Incident”). Between January 8, 2021, and January 10, 2021, an unauthorized third-party cybercriminal had access to information concerning approximately 92,283 current and former patients and employees. The compromised information contained Plaintiffs’ and Settlement Class Members’ personally identifiable information and protected health information.

The Settlement provides payments to people who submit valid claims. The Settlement also provides all Settlement Class and Settlement Subclass Members the opportunity to claim a one (1)-year membership of three bureau (3B) credit monitoring services. After the Court has entered the Final Order and Judgment approving the Settlement, Settlement Class Members and Settlement Subclass Members who claim this benefit will be sent an activation code to activate their 3B credit monitoring services.

Who Is a Class Member?

The “Settlement Class” is defined as “all persons Preferred Home identified as being among those individuals impacted by the Data Incident, including all who were sent a notice of the Data Incident.”

You are part of the Settlement if you received notice of the Data Incident from Preferred Home.

Your Legal Rights and Options

For more detailed information please review the Class Notice (Long Form), which is also available on the Court Documents page of this website.

Option and Deadline

Your Legal Rights

Submit a Claim

Deadline Passed

The only way to receive a payment is by submitting a Claim Form. If you submit a Claim Form, you will give up the right to sue Preferred Health in a separate lawsuit about the claims made in this case and released by the Settlement. You must submit a Claim Form by May 22, 2023.

Exclude Yourself or Opt Out From this settlement

Deadline Passed

You may exclude yourself from (or “opt-out” of) the Settlement. If you do so, you will not receive any payment, but you will keep any rights to pursue your own lawsuit against Preferred Health for the claims made in this case and released by this Settlement. To exclude to yourself, you must submit your exclusion request postmarked by April 24, 2023.

Object to the Settlement

Deadline Passed

If you are a Settlement Class Member, you can object to the Settlement if you do not like it or a portion of it. You can give reasons why you think the Court should not approve the Settlement. The Court will consider your views before deciding. To object, you must file with the Court and mail copies to Settlement Class Counsel and Preferred Home’s Counsel a written notice stating that you object to the Settlement. If you chose to object, you must do so by April 24, 2023.

Go to the Hearing

On June 27, 2023 at 2:30 p.m.

The Court will hold a hearing to decide whether to approve the Settlement. You may attend and you may ask to speak, but you do not have to. You cannot speak at the hearing if you exclude yourself from the Settlement.

Do Nothing

No Deadline

If you do nothing, you will not receive any benefits from this Settlement. If the Court approves the Settlement, you will be bound by the Settlement Agreement and the Release. This means you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Preferred Home or related parties about the issues involved in the Lawsuit, resolved by this Settlement, and released by the Settlement Agreement.

These rights and options—and the deadlines to exercise them—are further explained in more detail in the Class Notice (Long Form) and on the Frequently Asked Questions page of this website.

Dates and Deadlines

Claims Deadline

May 22, 2023

Exclusion Deadline

April 24, 2023

Objection Deadline

April 24, 2023

Fairness Hearing

June 27, 2023