$2.67B Settlement Reached in Blue Cross Blue Shield Antitrust Case

A $2.67 billion settlement has been reached in class action lawsuits that accused Blue Cross Blue Shield (BCBS) of conspiring to limit market competition throughout the United States.

The deadlines to file a claim in, object to, or opt out of the BCBS settlement have yet to be determined.

However, a BCBS settlement website has been established to provide information for those who wish to file a claim in the future.

Class Members are expected to receive a notice of the BCBS settlement this spring, at which point they will be able to file a claim.

The notice will be mailed or emailed to Damages Class Members for whom the administrator has information.

Any potential Class Member who is concerned they may not be included in the administrator’s records may register their email address on the settlement website to be notified when the Claims Period opens.

Plaintiffs in a class action lawsuit alleged the Blue Cross Blue Shield Association and Settling Individual Blue Plans — known as the “settling defendants” — violated antitrust laws by agreeing to not compete with each other through the sale of health insurance and administration in the U.S. and Puerto Rico, as well as through other means.

The settling defendants deny any allegations of wrongdoing and claim their conduct actually results in lower costs and greater access to care for their customers.

However, in order to avoid the cost and risk associated with ongoing litigation, they have agreed to a settlement.

A website has been established for Class Members in the BCBS settlement.

There are two settlement Classes: a Damages Class and an Injunctive Relief Class.

The Damages Class

The Damages Class is made up of all individuals, insured groups and their employees, and self-funded accounts and their employees that purchased, were covered by, or were enrolled in a Blue-branded commercial health benefit product sold, underwritten, insured, administered, or issued by any Settling Individual Blue Plan. 

The Class Period for fully insured individuals and insured groups and their employees is between Feb. 7, 2008, and Oct. 16, 2020.

The Class Period for self-funded accounts and their employees is between Sept. 1, 2015, and Oct. 16, 2020.

Dependents, beneficiaries and non-employees aren’t included in this Class.

Further details on what the self-funded accounts include is available on the settlement website’s FAQ page.

The Injunctive Relief Class

The Injunctive Relief Class includes all individuals, insured groups, self-funded accounts, and members that purchased, were covered by, or were enrolled in a Blue-branded commercial health benefit product sold, underwritten, insured, administered, or issued by any Settling Individual Blue Plan during the relevant Class Period.

Dependents, beneficiaries, and non-employees are included in this Class.

A fairness hearing is scheduled to take place Oct. 21 and 22, 2021.

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