Settlement FAQs

do i qualify for bcbs settlement

by Teresa Bogisich Published 2 years ago Updated 2 years ago
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Fully insured employers and individual consumers of BCBS health insurance with coverage at any time between February 7th, 2008 and October 16, 2020 are eligible to participate in the settlement. Employees getting coverage through their fully insured employer are also eligible to apply to be class members in the settlement.

You may be eligible to receive payment if you are an Individual, Insured Group1 (and their employees) or Self-Funded Account2 (and their employees) that purchased or were enrolled in a Blue Cross or Blue Shield health insurance or administrative services plan during one of the two Settlement Class Periods.

Full Answer

Who is eligible to be part of the Blue Cross Blue Shield settlement?

Anyone who was covered by certain Blue Cross Blue Shield health insurance from between February 2008 and October 2020 could be eligible to be part of a $2.7 billion settlement as part of a class-action lawsuit.

What was the settlement in the BCBS case?

While the BCBS Companies rejected claims made by the plaintiffs in the case, they agreed to provide monetary payments to eligible individualsand employersand to make some operations changes across the Blue Cross and Blue Shield system. The parties agreed to a settlement to avoid the risk and cost of further litigation.

Who is eligible to receive payment from the settlement class periods?

You may be eligible to receive payment if you are an Individual, Insured Group 1 (and their employees) or Self-Funded Account 2 (and their employees) that purchased or were enrolled in a Blue Cross or Blue Shield health insurance or administrative services plan during one of the two Settlement Class Periods.

How much will my employer receive from the BCBS settlement?

It is very difficult to estimate how much any employer or individual might receive as a payment. There have been tens of millions of people covered under BCBS plans during the settlement period and the settlement includes 13 years for fully-insured plans (2008-2020). During that time, trillions of dollars of insured premium were paid.

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How much should I expect from BCBS settlement?

The $626 million represents 23.47% of the settlement fund. On its website, BCBS said, "The settlement received final approval on August 9, 2022. Payments from the settlement will be made to Class Members who submitted valid claims only after any appeals – if filed – are resolved.

When can I expect my Facebook settlement check?

When will my settlement payment arrive? A final court hearing for the settlement of this case will be held on October 27, 2022, in San Jose, California. The hearing will decide whether the settlement is "fair, reasonable, and adequate."

What is a BCBS settlement?

Anyone who was covered by certain Blue Cross Blue Shield health insurance from between February 2008 and October 2020 could be eligible to be part of a $2.7 billion settlement as part of a class-action lawsuit.

What does it mean when a settlement is in review?

Settlement Review means the evaluation by the Settlement Facility, under Basic Review or Comprehensive Review, of each Unresolved Asbestos Claim or Post-Confirmation Asbestos Liability submitted to the Settlement Facility under the processes and procedures established by the CRP to determine whether a Settlement Offer ...

Who qualifies for the Facebook settlement?

According to the claims administrator, if you are a: Person who, between April 2010 and Sept. 2011 were a Facebook user in the United States, AND. Person who visited non-Facebook websites that displayed the Facebook like button.

Who gets a Facebook check?

The court determined this includes “Facebook users located in Illinois for whom Facebook created and stored a face template after June 7, 2011.” To receive payment, you must have lived in Illinois for at least 183 days (or six months) after June 11, 2011.

Did Blue Cross have a settlement with Memorial Hermann?

Memorial Hermann hospital at the Texas Medical Center on July 24, 2019. The Memorial Hermann health system and Blue Cross Blue Shield of Texas on Friday announced that the two parties have reached a contract agreement, allowing nearly 200,000 patients to continue care at Memorial Hermann hospitals.

How long does it take to receive money from a class action settlement?

The answer is typically between one and six weeks after your attorney reaches a settlement or the judge hearing your case awards you monetary damages. The reason why it takes as long as it does is your lawyer receives your settlement check to take care of certain expenses before you receive just compensation.

How long does it take to get paid after a settlement?

While rough estimates usually put the amount of time to receive settlement money around four to six weeks after a case it settled, the amount of time leading up to settlement will also vary. There are multiple factors to consider when asking how long it takes to get a settlement check.

What is the highest paid lawsuit?

1. Tobacco settlements for $206 billion [The Largest Ever] In 1998, Philip Morris, RJ Reynolds, and two other tobacco companies agreed to a $206 billion settlement, at a minimum, covering medical costs for smoking-related illnesses.

How do I get my $400 from Facebook?

You must have filed a claim form by November 23, 2020 to receive a payout. If you do not remember whether you filed, or if you think there has been a mistake, you can contact one of the following: Settlement Administrator: 1-844-799-2417. Edelson PC, lawyer appointment to the case: 1-866-354-3015.

What happened to the Facebook settlement in Illinois?

Facebook agreed to pay $650 million to end the litigation, with the money to be split among Illinois Facebook users who filed claims by a certain deadline, minus costs and $97.5 million in attorneys' fees.

What is going on with the Facebook settlement?

The lawsuit — known as "Facebook Internet Tracking Litigation" — accuses Facebook of "improperly obtaining and collecting data" through non-Facebook websites that displayed a Facebook "Like" button. Facebook has denied any wrongdoing, but is still choosing to settle the matter without going to trial.

How do I get my money from Facebook lawsuit?

The lawsuit is known as Facebook Internet Tracking Litigation. Meta denies that it violated any law but has agreed to the settlement to avoid the costs and risks associated with continuing the case. To receive a payment from the settlement, you need to submit a claim form by September 22, 2022.

What is this Settlement about?

This settlement, arising from a class action antitrust lawsuit called In re: Blue Cross Blue Shield Antitrust Litigation MDL 2406, N.D. Ala. Master File No. 2:13-cv-20000-RDP (the “Settlement”), was reached on behalf of individuals and companies that purchased or received health insurance provided or administered by a Blue Cross Blue Shield company. Class Representatives (“Plaintiffs”) reached a Settlement on October 16, 2020 with the Blue Cross Blue Shield Association (“BCBSA”) and Settling Individual Blue Plans. BCBSA and Settling Individual Blue Plans are called “Settling Defendants.”

How do I participate in the Settlement?

To make a claim and receive a payment, you must file a claim form online or by mail postmarked by November 5, 2021. Claims may be submitted online or by mail to:

How did settlement defendants violate antitrust laws?

Plaintiffs allege that Settling Defendants violated antitrust laws by entering into an agreement not to compete with each other and to limit competition among themselves in selling health insurance and administrative services for health insurance. Settling Defendants deny all allegations of wrongdoing and assert that their conduct results in lower healthcare costs and greater access to care for their customers. The Court has not decided who is right or wrong. Instead, Plaintiffs and Settling Defendants have agreed to a Settlement to avoid the risk and cost of further litigation.

What is a settlement with Blue Cross Blue Shield?

Class Representatives (“Plaintiffs”) reached a Settlement on October 16, 2020 with the Blue Cross Blue Shield Association (“BCBSA”) and Settling Individual Blue Plans. BCBSA and Settling Individual Blue Plans are called “Settling Defendants.”. Plaintiffs allege that Settling Defendants violated antitrust laws by entering into an agreement not ...

What happens if you select the alternative option?

If you select the Alternative Option, you must submit relevant data or records showing a higher contribution percentage. Otherwise the Default Option will be used. Instructions for submitting your claim are on the claim form, available here. When required, sufficient documentation shall include an attestation signed under penalty of perjury when other documentation is no longer available.

Who decides whether to approve a settlement?

The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be made if the Court approves the Settlement and after any appeals are resolved. Please be patient.

What is the proposed settlement for Blue Cross Blue Shield?

The proposed settlement resolves claims that Blue Cross Blue Shield companies conspired to limit competition, in turn boosting costs for policyholders.

How long does it take to fill out a claim form?

Filling out the claim form takes only a few minutes. You will need your insurance subscriber information.

What is total premiums paid?

The total premiums paid will be the sum of premiums paid for commercial health benefit products (including medical, pharmacy, vision, and dental plans) to any of the defendants for coverage during the class coverage periods described above (pro -rated for the partial months of February 2008 and October 2020). This amount will be calculated based on data provided by the Blue Cross member plans. Claimants will not have to submit any premium data unless it is specifically requested.

What is a proposed settlement?

The Notice of Proposed Settlement was issued to inform employers and individuals who are eligible for payment (the damage class) about the proposed settlement and give them time to decide what action (if any) they wish to take and the deadlines for doing so. If the settlement is approved, class members will be bound by the terms of the settlement unless they affirmatively opt out of the settlement. The following table describes the options these class members have.

Can an employer elect an alternative option for calculating the allocation?

For both fully insured and self-funded claimants, employers and employees have the option, when filing, to elect an alternative option for calculating the allocation. In this case, the Claims Administrator will contact them and provide them the opportunity to submit additional evidence to support their case before making a final determination. If the request for the alternative option is rejected, the calculation will revert to the default allocation.

Can an employer ask for settlement information?

Employers may receive questions from their employees about this settlement, including advice on whether to file a claim or requests for information the employee needs to submit as part of their claim submission. While employers do not have any formal obligations to provide any notice/information, it may be helpful to provide some type of notice explaining the settlement to employees and informing them that they may have the right to file their own claims. Employees may also request certain information from employers (e.g., group numbers, policy numbers, coverage dates, etc.) that they need to file their claims. If employers have this information readily available, they may wish to provide it to employees (although again, there is no specific requirement to do so). Employers should be cautious in any communications with employees and should avoid saying or doing anything that appears to dissuade employees from filing their own claims.

When is the Blue Cross Blue Shield settlement?

The final hearing on the settlement will be held on October 20, 2021. Multiple different damages classes including fully insured and self-funded plans are eligible to receive payment under the settlement.

When are self funded accounts due for Blue Cross?

Self-Funded Accounts [2] (and their employees) that purchased or were enrolled in a Blue Cross or Blue Shield health insurance or administrative services plan between September 1, 2015 – October 16, 2020.

When is Notice of Intent due?

Notice of Intent due July 28, 2021. Of note here is the fact that while those who choose to do nothing will not be eligible for payment, it is only when somebody actively opts out of the settlement that they will retain the right to sue and not be bound by the settlement’s terms.

What is a JND settlement agreement?

Answer: The settlement agreement requires that each BCBS plan provide the settlement claim administrator (JND Legal Administration) with billed premium and fee information and covered lives counts, as well contact information for class members, including a personal identifier (“unique ID”) that will be assigned to each potential claimant.

How long is BCBS settlement?

There have been tens of millions of people covered under BCBS plans during the settlement period and the settlement includes 13 years for fully-insured plans (2008-2020). During that time, trillions of dollars of insured premium were paid. Much will depend on the participation and claim filing rates of employers and individuals.

What is the settlement of a class action lawsuit?

In October of 2020, Blue Cross and Blue Shield (BCBS) companies reached an agreement to settle a class action lawsuit in a case brought by subscribers related to licensing agreements within the BCBS system. While the BCBS Companies rejected claims made by the plaintiffs in the case, they agreed to provide monetary payments to eligible individuals and employers and to make some operations changes across the Blue Cross and Blue Shield system. The parties agreed to a settlement to avoid the risk and cost of further litigation. The settlement terms will be reviewed by the Court on October 20, 2021 to determine if the settlement is fair, reasonable, and adequate.

What entities are eligible to file a claim?

Entities such as multiemployer welfare arrangements (MEWAs), Associations, and Taft Hartley Plans are also eligible to file a claim. BCBS Medical, dental, pharmacy, vision and stop-loss products are included. Enrollment only in a stand-alone vision or dental plan does not qualify for settlement consideration.

When do BCBS claims have to be posted?

Answer: After the claims period has closed (remember the deadline to file/postmark your claim is November 5, 2021), the settlement claims administrator will create a secure portal on the settlement website and post the year-by-year premiums and/or administrative fees (which form the basis of the claimant’s ultimate distribution) assigned to each claimant, based on data provided by the BCBS plan and any other information gather by the claim administrator through the claim process. While this figure will not represent the claimant’s settlement payment, it will identify the basis for calculating such payment. Claimants will be able to review the paid premium or fees used to calculate their award and can contest those figures and request a correction within 30 days of the secure portal posting.

What is a government account?

A government account includes a federal, state, county, or municipal entity, but does not include utilities, school districts, public libraries, port or transportation authorities, waste disposal districts or police or fire departments.

What is the phone number for settlement?

In addition, there is a settlement customer service line, (888) 681-1142, that employers or individuals may use to speak to a representative ...

How Much Can I Get from the Settlement?

Those who submit valid claims are eligible to receive a cash payment from the approximately $1.9 billion net settlement fund. The amount of the payment will depend on, among other factors, the amount of premiums or administrative fees you paid and the number of valid claims that are filed.

Who Is Covered by the Settlement?

The settlement covers individuals and insured groups (and their employees) who purchased or were enrolled in a Blue Cross or Blue Shield health insurance or administrative services plan between February 7, 2008 and October 16, 2020.

Where Can I Find More Information?

For more information, check out the settlement website, particularly the FAQ section.

What is the Blue Cross Blue Shield case?

The case was filed by a group of individuals and companies who purchased or received health insurance from a Blue Cross Blue Shield company and claim that the defendants—Blue Cross Blue Shield Association and a slew of individual Blue plans—agreed not to compete with each other in selling health insurance and administrative services. According to the lawsuit, the defendants’ alleged anticompetitive conduct caused subscribers and enrollees to pay more for insurance or administrative services than they otherwise would have paid.

What is classaction.org?

ClassAction.org is a group of online professionals (designers, developers and writers) with years of experience in the legal industry.

How much is the net settlement fund?

Those who submit valid claims are eligible to receive a cash payment from the approximately $1.9 billion net settlement fund. The amount of the payment will depend on, among other factors, the amount of premiums or administrative fees you paid and the number of valid claims that are filed.

Is the Blue Cross Blue Shield settlement a scam?

First off, the settlement is not a scam. It’s the result of a class action antitrust lawsuit called In re: Blue Cross Blue Shield Antitrust Litigation MDL 2406 and you can find the court-approved website for it here.

IS THE BLUE CROSS SETTLEMENT REAL?

Yes, the Blue Cross Blue Shield Settlement is legit, and some involved may have even received postcards in the mail notifying them of the lawsuit.

HOW DO I KNOW IF I CAN CLAIM PART IN THE BLUE CROSS SETTLEMENT?

Individuals, insured groups or self-funded accounts that purchased or were enrolled in a Blue Cross Blue Shield health insurance or administrative services plan between February 2008 and October 2020 could be included.

HOW AND WHEN DO I FILE A CLAIM?

Anyone looking to file a claim can do so through Blue Shield's Online Claim Form here, or send a copy of the claim form to:

WHAT HAPPENS IF I DO NOTHING?

Anyone who does not file a claim won’t receive a payment and will be bound by the settlement. It also gives up the right to sue or continue to sue Blue Cross for the claims in the case.

WHEN IS THE NEXT HEARING?

The next hearing will be Oct. 20, 2021, and claimants will be able to speak to the court about the fairness of the settlement.

When is the settlement period for self funded accounts?

For self-funded accounts, the settlement class period is between Self-Funded Accounts is from Sept. 1, 2015, through Oct. 16, 2020. It’s important to note that dependents, beneficiaries and nonemployees are not eligible for a payment.

When did Blue Cross Blue Shield settle?

Anyone who was covered by certain Blue Cross Blue Shield health insurance from between February 2008 and October 2020 could be eligible to be part of a $2.7 billion settlement as part of a class-action lawsuit.

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Introduction

Background

  • In 2012, plaintiffs alleged that the Blue Cross Blue Shield Association and its 35 member companies violated the Sherman Antitrust Act by agreeing not to compete in selling health insurance and administration of commercial health benefit products in the United States and Puerto Rico, as well as agreeing to other means of limiting competition in the health insurance …
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Key Provisions of The Settlement

  • Under the terms of the settlement, the Blue Cross Blue Shield Association and its member plans would agree to: 1. Make changes to the way they do business to increase opportunities for competition in the health insurance market; and 2. Allow qualified national self-funded accounts to request a second bid for coverage from a member plan of their choice (“Second Blue Bid”). A…
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Damages Classes

  • The following classes may be eligible for payment from the settlement amount: 1. Individuals that purchased or were enrolled in a Blue Cross or Blue Shield health insurance or administrative services plan between February 7, 2008 – October 16, 2020; 2. Insured Groups (and their employees) that purchased or were enrolled in a Blue Cross or Blue Shie...
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Options For Damage Class Members

  • The Notice of Proposed Settlementwas issued to inform employers and individuals who are eligible for payment (the damage class) about the proposed settlement and give them time to decide what action (if any) they wish to take and the deadlines for doing so. If the settlement is approved, class members will be bound by the terms of the settlement unless they affirmatively …
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What Can/Should Employers do?

  • Employers may receive questions from their employees about this settlement, including advice on whether to file a claim or requests for information the employee needs to submit as part of their claim submission. While employers do not have any formal obligations to provide any notice/information, it may be helpful to provide some type of notice explaining the settlement to …
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Next Steps

  • Next steps for employers who are eligible to file a claim: 1. Decide whether to: 1.1. File Claim 1.1.1. If filing a claim, determine whether to use default assumptions or elect an alternative option for calculating allocation. 1.2. Do Nothing 1.3. Opt Out 1.4. Object 1.5. Speak at Hearing 2. Decide whether to communicate to employees 2.1. If communicating upfront, determine what informati…
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Conclusion

  • It is important for employers to keep in mind that any individual settlement amount is likely to be relatively small – e.g., a few hundred dollars for a large employer, and under $100 for any individual employee. So, while it will be important to understand the allocation methods and the filing options, perspective is needed when determining whether to propose an alternative allocat…
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