Lawyers have announced a proposed class-action lawsuit settlement that could affect the ability of health insurers to negotiate better rates than uninsured patients get.

Scripps Health, San Diego, has agreed to offer a 35% discount off of its regular charges for uninsured patients who use its emergency room, according to Kelly Dermody, a San Francisco lawyer who helped represent the plaintiffs.

If approved by a court, the discount will apply to uninsured patients who received care between July 19, 2002 and the date of preliminary settlement approval, Dermody says.

The 35% discount requirement also will apply to uninsured patients who use the Scripps emergency room over the next 4 years, Dermody says.

Scripps has agreed to maintain "compassionate pricing and collections policies" in the future, and to offer counseling to uninsured patients to help them qualify for discounts and extended payment programs, Dermody says.

Representatives for Scripps were not immediately available to comment on the proposed settlement agreement.

The proposed agreement would settle Franklin vs. Scripps Health, a suit filed in a state court in San Diego in July 2006, Dermody says.

The court certified the plaintiff class in the case in June 2007.

San Diego County Superior Court Judge Steven Denton expects to hold a hearing on the proposed settlement Friday.

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