E.S. v Regence BlueShield

You are not a Class Member simply because you got a notice. If you are not in the Class, you can disregard the notice. You are in the Class if you meet the following definition:

(1) You (or a family member) were insured at any time from October 30, 2014, to December 31, 2025, under a Washington health insurance plan that was issued for delivery, or renewed by Regence BlueShield and/or Cambia Health Solutions Inc. or its affiliates or subsidiaries (collectively, “Regence”), that excluded or limited coverage for Hearing Aids and Associated Services, except for insureds enrolled in large group plans from January 1, 2024, to December 31, 2025, and

(2) You incurred unreimbursed out-of-pocket expenses in obtaining medically necessary Hearing Aids and Associated Services between October 30, 2014 to December 31, 2025.

The claim filing deadline was February 3, 2026. In the Final Approval Order, the Court approved acceptance of late claims submitted by March 11, 2026. Claims are no longer being accepted.

The Named Plaintiffs claimed that Regence discriminated against them and other insureds with hearing loss when Regence excluded or provided limited and inadequate coverage of Hearing Aids and Associated Services. They claimed that this exclusion violated federal health insurance anti-discrimination law. Regence denied all claims.

This lawsuit was filed as a class action because many Regence enrollees were in the same position as the Named Plaintiffs. The Named Plaintiffs agreed to serve as Class Representatives on behalf of all enrollees in the same position.

You can read the entire Settlement Agreement on the Important Documents page. The following is a summary:

$3,000,000 Settlement Fund

The agreement requires Regence to pay $3,000,000 into a settlement fund to reimburse valid and approved charges for Hearing Aids and Associated Services incurred by Class Members between October 30, 2014, and December 31, 2025, attorneys’ fees and litigation costs to Class Counsel, arbitration costs, taxes, claims administration, and class notice costs and case contribution awards to the Named Plaintiffs.

Claims Process for Unreimbursed Hearing Aids and Associated Services

To be eligible for payment, you had to submit a claim and certification form online or via mail.

You needed the following information to fill out and submit a valid claim: (1) the date(s) you received Hearing Aid(s) and/or Associated Services (month/year); (2) the names of provider(s) who sold you the Hearing Aid(s) and/or provided the Associated Services, as well as the provider(s)’ addresses and phone numbers, if available; (3) the unreimbursed charges or debt incurred; and (4) documentation showing the payments made or debt incurred for the Hearing Aid(s) and/or Associated Services (unless that information was previously provided to Regence).

You also had to sign a certification form attesting that the information provided is true and correct.

Class Members who previously submitted to Regence claims for Hearing Aids or Associated Services that were denied do not need to resubmit those documents. Those Class Members were able to access an online prepopulated claim form that they were required to review and verify to receive payment.

The Notice and Claims Processor reviewed submitted claims to confirm that all required information was included. If you submitted incomplete information, the Notice and Claims Processor will provide you with notice and an opportunity to correct any problems with the claim. Free help is available from Class Counsel when submitting a claim by emailing Class Counsel at WAHearingAidSettlement@sylaw.com.

The claim filing deadline was February 3, 2026. In the Final Approval Order, the Court approved acceptance of late claims submitted by March 11, 2026. New claims are no longer being accepted.

Defect Notices were mailed on April 27, 2026, to claimants whose claims required more information. If you received a Deficiency Notice Letter, the Claim associated with the Claim Number and Unique ID on the letter contain the problem(s) listed on the letter. Please follow the instructions on the letter and submit the relevant documentation or forms to perfect the Claim. The deadline to respond to the Defect Notice is May 27, 2026.

Attorneys’ Fees, Litigation Costs, and the Costs of Claims Administration

Class Counsel applied for attorneys’ fees to be paid out of the settlement fund. Class Counsel sought a fee of $1,000,000 – which the Court approved in their Final Approval Order on March 20, 2026. This Order is posted on the Important Documents page. Litigation costs, arbitration costs, costs for claims administration, class notice costs incurred and any taxes due will be paid from the fund.

Case Contribution Awards

The Court granted the Order of $15,000 for each Named Plaintiff as a case contribution award to be paid from the settlement fund. This award is to compensate Named Plaintiffs for the time, effort, and risk they took to pursue the claims in this case.

How Much Could I Get Paid?

Class Members with valid and approved claims will be paid a percentage (pro rata payment) of their claim, after the $3,000,000 settlement fund is used to pay attorneys’ fees, litigation costs, incentive awards, arbitration costs, taxes, and administration costs. The percentage payment is not yet known.

It is unlikely that excess funds will remain after all payments described in the settlement agreement are made. Any excess funds, up to $300,000, shall be donated to the Washington State Communication Access Project, a nonprofit organization dedicated to enabling persons who are hard of hearing to fully enjoy public venues. Any remaining excess funds shall be donated to the Legal Foundation of Washington to distribute to charitable organizations dedicated to advocacy on behalf of people who are deaf or hard of hearing.

Release of Claims

Class Members will release Regence from all claims related to Hearing Aids and Associated Services that were or could have been brought in the lawsuit. This means that if you have any actual or potential claims arising out of Regence’s alleged failure to pay for Hearing Aids and Associated Services, those claims will be resolved as part of the agreement, and your right to payment for any damages related to hearing aid coverage will be governed exclusively by the agreement for the period between October 30, 2014, and December 31, 2025.

The claim filing deadline was February 3, 2026. In the Final Approval Order, the Court approved acceptance of late claims submitted by March 11, 2026. Claims are no longer being accepted.

For class claimants with valid and approved claims, payment will occur after: (1) the Court finally approves the Agreement after a fairness hearing; (2) any appeals of the Court’s approval is resolved; and (3) all claims are fully adjudicated, so that the percentage payment may be determined.

You May Make a Claim

The claim filing deadline was February 3, 2026. In the Final Approval Order, the Court approved acceptance of late claims submitted by March 11, 2026. Claims are no longer being accepted.

You May Exclude Yourself from the Agreement.

You may have opted out of the settlement. If you opted out, then you may not make a claim or get any benefits from the settlement. If you opted out, your claims against Regence for Hearing Aids and Associated Services during the class period will not be released.

Requests for opt outs and exclusions are no longer being accepted.

You May Comment on, Object to, or Support the Proposed Agreement.

The Court held a hearing on March 20, 2026 at 9:00 a.m. P.T. The hearing occurred at the United States Courthouse, 700 Stewart Street, Suite 13128, Seattle, WA 98101.

You could have attended the hearing and may have chosen to bring a legal representative at your own expense. If you had planned to appear at the hearing to comment on the Agreement, you must have sent the Court a written letter informing them by March 6, 2026. Written comments or a request to appear must have been mailed to the following address:

E.S. v. Regence BlueShield Settlement Hearing
United States Courthouse
700 Stewart Street, Suite 13128
Seattle, WA 98101

All communications with the Court must have been in writing. You were not required to submit comments.

Requests for opt outs and exclusions are no longer being accepted.

After the hearing, the Court entered an Order granting Class Counsel’s Motion for Attorney Fees and granting the Unopposed Motion for Final Approval of the Settlement Agreement. This Order is available on the important documents page.