Kaiser Permanente Lawsuit: Every Case Explained, and the One Claim Still Open
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“Kaiser Permanente lawsuit” covers several separate matters, and most of them pay nothing to patients. As of September 30, 2026, one path to money is open: California members who paid out of pocket for out-of-network mental-health or addiction care, after they could not get timely care inside Kaiser, can ask for reimbursement under a February 10, 2026 settlement with the U.S. Department of Labor — within 180 days of receiving Kaiser's notice or, without a notice, of learning about the process. The $46 million privacy settlement closed to new claims on March 12, 2026. The record $556 million Medicare Advantage fraud settlement is paid to the federal government, not to patients.
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Reviewed by Leonard Goldberg, Editor · Last updated
The Kaiser Cases at a Glance
“Kaiser Permanente” is several organizations: the Kaiser Foundation Health Plan, Kaiser Foundation Hospitals and the Permanente medical groups. Each case names a different part. In California alone the health plan has 9.4 million members, according to a May 2025 California Assembly committee paper. The matters people search for fall into six groups.
Privacy. A class action alleged that tracking code on Kaiser's logged-in member websites and apps sent health-related browsing data to Google, Microsoft, X and Adobe. It settled for $46 million; the details are on our Kaiser privacy settlement page.
Mental-health access. California's Department of Managed Health Care (DMHC) and the U.S. Department of Labor both acted over members who could not get timely mental-health and substance-use care. The Labor Department alleged that Kaiser did not maintain adequate provider networks and used patients' questionnaire answers to improperly keep them from care. Kaiser told HR Dive the settlement “does not involve current practices or issues.”
Medicare Advantage billing. The Justice Department alleged that from 2009 to 2018 Kaiser pressured physicians to add diagnoses to patients' records after visits, through “addenda,” to raise its Medicare Advantage payments.
Labor. Strikes and contract fights with Kaiser's unions, including a 2026 walkout by about 31,000 nurses and health professionals.
Discrimination. Employee charges alleging Kaiser denied religious accommodations to its vaccine mandate policy.
Marketing texts. A Florida class action over texts sent to people who had already replied “stop.”
Case Details
Privacy: John Doe, et al. v. Kaiser Foundation Health Plan, Inc., No. 3:23-cv-02865-EMC, U.S. District Court for the Northern District of California (Judge Edward M. Chen).
Medicare Advantage: United States ex rel. Osinek v. Kaiser Permanente, et al., No. 3:13-cv-03891, and United States ex rel. Taylor v. Kaiser Permanente, et al., No. 3:21-cv-03894, both in the Northern District of California, where the United States filed its own complaint in October 2021. The settling companies are Kaiser Foundation Health Plan Inc., Kaiser Foundation Health Plan of Colorado, The Permanente Medical Group, Southern California Permanente Medical Group and Colorado Permanente Medical Group.
Mental health, federal: a settlement agreement with the Labor Department's Employee Benefits Security Administration (EBSA), an agency agreement rather than a court case. Mental health, state: a settlement agreement with the California DMHC.
Texts: Fried v. Kaiser Foundation Health Plan Inc., No. 2025-016220-CA-01, Circuit Court of the Eleventh Judicial Circuit, Miami-Dade County, Florida.
Discrimination: conciliation agreements with the U.S. Equal Employment Opportunity Commission (EEOC), announced June 17, 2026.
Status as of September 30, 2026: What Is Open, What Is Closed
Closed to new claims: privacy. The claim deadline was March 12, 2026. The Final Order has been issued, and as of September 30, 2026 the official settlement site says claims are being processed.
Resolved, no member payments: Medicare Advantage. Settled January 14, 2026 for $556 million. The Justice Department announcement states that the claims are allegations only and that there has been no determination of liability.
State mental-health enforcement. Under the October 2023 DMHC settlement, Kaiser submitted a corrective action work plan on August 15, 2024 and an updated version on March 12, 2025, according to a May 2025 California Assembly committee paper.
Closed: texts. The claim deadline for the text-message settlement, a fund of up to $10.5 million, was February 12, 2026.
Labor: the 2026 nurses' strike ended February 24, 2026. A strike does not create a claim for patients.
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The One Open Claim: Out-of-Network Mental-Health Costs
According to the claims website, you may qualify if all three are true: you were a Kaiser Permanente member in California; you tried but could not get timely in-network mental-health or substance-use care; and you paid out of pocket for out-of-network care after January 1, 2021. Covered services may include care for autism, pervasive developmental disorders and other mental disorders. Former members, and people who have since moved out of state, can file.
Who is excluded: Medicare Advantage members. Co-pays for out-of-network care that Kaiser itself referred you to are not reimbursed either; the process covers care you arranged because Kaiser could not see you in time.
What you need: your Membership Record Number, the names and phone numbers of the providers you paid, bills showing dates and services, and proof of payment such as bank or card records, cancelled checks or receipts. If you lost receipts, your provider may be able to reissue payment records.
The trade-off: if you accept a reimbursement through this process, you cannot afterward sue Kaiser or file a grievance or appeal for additional reimbursement. If your claim is found ineligible, you keep your normal grievance and appeal rights. Filing has no impact on your premiums or coverage. Kaiser's help line for the process is 1-877-684-4129; the Labor Department announcement describes the settlement.
Who Actually Gets Paid in Each Kaiser Case
Privacy settlement: a $46 million fund (up to $47.5 million), shared among people who filed by March 12, 2026. Estimated amounts, fees and timing are on our Kaiser privacy settlement page.
Medicare Advantage ($556 million): paid to the United States. The former Kaiser employees who brought the whistleblower suits receive $95 million. The Justice Department's announcement describes no payment to Medicare members.
DMHC ($200 million): a $50 million fine, a $150 million commitment to fund behavioral-health programs for all Californians, and corrective action. None of the three is a payment to individual members.
EEOC: $358,000 plus injunctive relief to resolve 12 employee charges. Patients are not part of it.
Texts: up to $75 per qualifying message, only for people who filed by February 12, 2026.
Kaiser Permanente Lawsuit Timeline
- 1
October 2023 — Record $50 Million State Fine
California's DMHC and Kaiser announce a $200 million settlement over mental-health access: a $50 million fine, a $150 million investment commitment and corrective action on 20 deficiencies.
- 2
April 2024 — Tracking-Code Breach Disclosed
Kaiser discloses that tracking code on its member websites and apps shared data with outside tech companies. The lawsuit says 13.4 million people were affected; the case later settles for $46 million.
- 3
January 14, 2026 — $556 Million Medicare Advantage Settlement
Kaiser affiliates agree to pay $556 million to resolve False Claims Act allegations over diagnoses added from 2009 to 2018. There is no determination of liability.
- 4
January 26 to February 24, 2026 — Nurses' Strike
About 31,000 UNAC/UHCP nurses and health professionals strike in California and Hawaii. They return February 24 after accepting a 21.5% across-the-board raise while local bargaining continues.
- 5
February 10, 2026 — Labor Department Mental-Health Settlement
Kaiser agrees to pay at least $28,323,219 toward members' out-of-network costs plus a $2,832,321 penalty, and opens a claims process for California members.
- 6
July 14, 2026 — Privacy Settlement Approved
Judge Edward M. Chen grants final approval of the $46 million privacy settlement. As of September 30, 2026, the official site says claims are being processed.
Three Kaiser Scams to Watch For
Several large Kaiser headlines in one year, plus one live claims process, give imposters plenty to work with:
“Claim your share of the $556 million”
The Medicare Advantage settlement is paid to the federal government and the whistleblowers. There is no claim form for Medicare members, so a call or letter offering your “share” in exchange for your Medicare number or a fee is a scam.
Look-alike reimbursement sites and “claim services”
The mental-health claims site is OutofNetworkHealthClaims.com, and Kaiser's help line for it is 1-877-684-4129. The official process asks for receipts, proof of payment and your Membership Record Number. Anyone who wants your bank login, or a cut of your reimbursement to “handle” the claim, is not the official process.
“Late filing” for the privacy settlement
The privacy settlement's claim deadline was March 12, 2026, and nobody can add you now for a fee. The only official site is kaiserprivacysettlement.com, run by Strategic Claims Services (1-855-783-3816).
Kaiser Permanente Lawsuit — Questions People Actually Ask
Is there a Kaiser Permanente lawsuit I can join right now?
None of the Kaiser class settlements we track has an open claim form. As of September 30, 2026, the only open path to money is the out-of-network mental-health reimbursement process for California members, created by Kaiser's February 10, 2026 settlement with the U.S. Department of Labor. It is a claims review run by Kaiser under that agreement, not a lawsuit you join.
Who can get money from the Kaiser mental health settlement?
Current or former Kaiser members in California who tried but could not get timely in-network mental-health or substance-use care, then paid out of pocket for out-of-network care after January 1, 2021. Medicare Advantage members are excluded, and co-pays for out-of-network care Kaiser referred you to are not reimbursed. You file at OutofNetworkHealthClaims.com with bills and proof of payment.
What is the deadline for the out-of-network claim?
It is personal, not one date. Documents must reach Kaiser within 180 days after you received notice. If you never got a mailed or emailed notice and learned about the process from kp.org or the claims website, the 180 days run from when you learned of it. Kaiser had already sent notices by the Labor Department's February 10, 2026 announcement; for a notice received that day, the 180 days would have ended August 9, 2026, by our count — not an official deadline. Check the date on your own notice before assuming you can still file.
Did Kaiser pay $556 million, and do Medicare members get any of it?
Kaiser affiliates agreed on January 14, 2026 to pay $556 million to resolve allegations of improper diagnosis coding in Medicare Advantage from 2009 to 2018, without any finding of liability. The money goes to the United States, with $95 million to the whistleblowers. Members receive nothing and there is nothing to file. If you are a Kaiser Medicare member, it is still worth reviewing your records for diagnoses you do not recognize.
When will the Kaiser privacy settlement pay out?
The official site had posted no payment date as of September 30, 2026; it says claims are being processed. Final approval came July 14, 2026, and new claims closed March 12, 2026. Our Kaiser privacy settlement page tracks amounts and timing.
Was there a Kaiser strike, and can patients claim anything?
Yes, there have been several. About 31,000 UNAC/UHCP nurses and health professionals in California and Hawaii struck from January 26 until February 24, 2026, and in October 2024 nearly 2,400 NUHW mental-health workers in Southern California authorized a strike. A strike does not create a claim for patients. If you could not get timely mental-health care and paid for outside care after January 1, 2021, the reimbursement process above is the route to check; Kaiser reviews each claim on its individual facts.
What did California fine Kaiser for?
In October 2023 the DMHC settled an investigation and survey that found 20 deficiencies in Kaiser's behavioral-health care, after complaints that Kaiser was failing to schedule mental-health appointments within California's timely-access standards. Kaiser agreed to a record $50 million fine, a $150 million investment commitment and corrective action. No money goes to individual members.
Can I still claim from the Kaiser text message settlement?
No. The settlement in Fried v. Kaiser Foundation Health Plan, a fund of up to $10.5 million, covered people who received more than one Kaiser text between January 21, 2021 and August 20, 2025 after replying “stop,” and paid up to $75 per qualifying message. The claim deadline was February 12, 2026.
Separate from this case: were you injured in the last 2 years?
Class-action payouts are fixed amounts through an administrator. A personal injury claim is a different case — and often worth far more. Free estimate, no obligation.
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