Notice of resolution of class action seeking non-monetary relief regarding mental health and substance abuse disorder services

Kaiser Foundation Health Plan, Inc. has entered a Class Action Settlement Agreement (the “Settlement”) to resolve the matter of Susan Futterman et al. v. Kaiser Foundation Health Plan, Inc., Alameda County Superior Court Case No. RG13697775 (the “Action”). The Court has made a preliminary determination that the Settlement is fair, adequate and reasonable.

A hearing for final approval of the Settlement is scheduled for September 9, 2026, at 1:30 p.m., in Department 18 of the Superior Court located at 1221 Oak Street, Oakland, California 94612 (the “Final Approval Hearing”).

At the Final Approval Hearing, the parties will ask the Court to adopt the Final Approval Order and Judgment. The Settlement will resolve claims for injunctive relief on behalf of a class of all California residents who are, or at any point during the time period of October 2, 2009 to the date of the Final Approval Order and Judgment were, members of Kaiser Foundation Health Plan, Inc., and who have been diagnosed, or whose covered dependents were diagnosed, with a severe mental illness or severe emotional disturbance of a child, as defined in the California Mental Health Parity Act. Excluded from this definition are members whose terms are governed by the Employee Retirement Income Security Act of 1974, 29 U.S.C. 1001 et. seq., federal plans and Medi-Cal plans (the “Class”).

The Action does not involve claims for monetary relief, and the Settlement does not provide for any monetary payment to Class members. If any Class members wish to object to the Settlement at the Final Approval Hearing, they may submit a Notice of Intent to Object no later than August 10, 2026. Class members who do not file such a notice shall not have a right to state an objection at the Final Approval Hearing. Nevertheless, the failure to file a notice shall not limit the Court’s power, in its discretion, to permit any Class member who attends the Final Approval Hearing to state an objection to the Settlement at that time.