Blue Cross Blue Shield Association ( BCBSA) Class Action Lawsuit – Update

On August 9, 2022, an Alabama federal court granted final approval to this settlement, which will pay $2.67 billion to plaintiffs (including $626.5 million in attorney’s fees and $40.9 million for litigation costs and expenses).

The terms of the final settlement requires BCBS to change certain business practices that have the result of reducing competition between BCBS plans. Specifically, the settlement terms require the BCBS Association and its member plans to:

 

  1. Allow insurers to expand their lines of non-BCBS business in each other’s market, which will increase opportunities for competition in the health insurance market; and
  2. Allow BCBS insurers to compete with one another for large contracts by permitting qualified national self-funded accounts to request a second bid for coverage from a member plan of their choice (“Second Blue Bid”).

Although the BCBS website indicates that there is no distribution timeline available, the terms of the settlement indicate that the money is to be paid within 30 calendar days to authorized claimants.

The final settlement and awarding of attorney’s fees/expenses may be found here: https://www.bcbssettlement.com/documents.

Claimants who have their unique claim ID or claim number may check the status of their claims here: https://secure.bcbssettlement.com/claimstatus.

More information on this settlement, including background on the settlement and information on the various settlement classes and deadlines, may be found by clicking here.


About Michelle Cammayo

Michelle Cammayo has more than 13 years of Employee Benefits experience specializing in all lines of health and welfare benefits. Today, Michelle works closely with clients and partners to provide guidance in areas of the law including ERISA, HIPAA, COBRA, FMLA and PPACA. She also oversees the Compliance Department at Bolton & Company to ensure we are helping our clients manage and eliminate risk with regards to employee benefit compliance.

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