Settlement FAQs

how much to expect from blue cross settlement

by Prof. Earlene Tromp I Published 3 years ago Updated 2 years ago
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If approved, the settlement fund is estimated to be around $1.9 billion after attorney fees and administration costs are deducted. About $1.78 billion will be created for individuals, insured groups, and their employees and a $120 million fund will be created for self-funded accounts and their employees.Mar 10, 2022

What is the settlement amount for Blue Cross Blue Shield?

Blue Cross Blue Shield enrollees can expect payments from $2.67 billion settlement Contact Public Affairs: 360-725-7055 November 2, 2020

Can I Opt Out of the Blue Cross Blue Shield settlement?

Second, you can opt out of the Blue Cross Blue Shield settlement by July 28, 2021, retain your own attorney, and receive a lot more money (i.e. $3,000.00). However, you will get more money by opting out of the Blue Cross Blue Shield Settlement.

What does the Blue Cross Blue Shield settlement mean for Premera?

OLYMPIA, Wash. – A $2.67 billion settlement to resolve antitrust charges against health insurer Blue Cross Blue Shield will result in payments to some consumers of Premera and Regence health plans in Washington.

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.

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How do I Exclude Myself, or “Opt Out”, from the Blue Cross Blue Shield Settlement?

If you do not want to be legally bound by the Settlement, you may send a request for exclusion (“opt out”). You will not receive any money, but you will keep your right to sue Blue Cross Blue Shield for the claims in this case. Opt outs must be postmarked by July 28, 2021.

When will Blue Cross Blue Shield pay out in 2021?

The Blue Cross Blue Shield Settlement provides monetary payments to class members who submit a valid claim by November 5 , 2021. To make a claim and receive a small payment, you must file a claim form online or by mail.

How did Blue Cross Blue Shield violate antitrust laws?

The class action alleged that Blue Cross Blue Shield violated antitrust laws by entering into agreements not to compete and to limit competition among in selling health insurance and administrative services for health insurance.

When can I opt out of Blue Cross Blue Shield?

$300). Second, you can opt out of the Blue Cross Blue Shield settlement by July 28, 2021, retain your own attorney, and receive a lot more money (i.e. $3,000.00).

When did the Blue Cross Blue Shield class action lawsuit end?

The attorneys representing the plaintiffs and the defendants agreed to a $2.67 billion settlement on October 16, 2020.

When do you have to mail your exclusion request?

You must mail or email your Exclusion Request, postmarked or received by July 28, 2021, to:

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.

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 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.

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 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:

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.

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.

How many members of large, geographically dispersed, self-funded national Employers are eligible for the second blue?

The Second Blue Bid provision of the Settlement Agreement was designed to enable 33 million Members of large, geographically dispersed, self-funded national Employers to have the opportunity to receive a Second Blue Bid.

Why is the Court approving the settlement notice?

The Court authorized the Notice because Class Members have a right to know about the proposed Settlement of certain claims against Settling Defendants in this class action lawsuit and about Class Members' options before the Court decides whether to approve the Settlement. If the Court approves the Settlement, and after objections ...

What is a class action lawsuit?

In a class action lawsuit, one or more people or businesses called class representatives sue on behalf of others who have similar claims. All of the people or businesses who have similar claims together are a “class” or “class members” if the class is certified by the Court. Individual class members do not have to file a lawsuit to participate in ...

Is Blue Cross Blue Shield a class member?

If you were covered by certain Blue Cross Blue Shield health insurance or administrative services plans between February 2008 and October 2020, you may be a Class Member. The Court certified two Settlement Classes in this case, a Damages Class and an Injunctive Relief Class. You may be included in both Settlement Classes.

Can you sue a settlement defendant?

This means that you cannot sue, continue to sue, or be part of any other lawsuit against Settling Defendants that makes claims based on the facts and legal theories involved in this case or any of the business practices the Settling Defendants adopt pursuant to the Settlement Agreement.

Did the court decide in favor of the plaintiffs or settlement defendants?

The Court did not decide in favor of the Plaintiffs or Settling Defendants. Instead, both sides have agreed to the Settlement. Both sides want to avoid the risk and cost of further litigation. The Plaintiffs and their attorneys think the Settlement is best for the Settlement Classes. 5.

Do you have to file a lawsuit to join a class action?

Individual class members do not have to file a lawsuit to participate in the class action settlement or be bound by the judgment in the class action. One court resolves the issues for everyone in the class, except for those who exclude themselves from the class. 4. Why is there a Settlement?

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.

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 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.

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 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 ...

Is a BCBS employee a class member?

Answer: Both employers (i.e. plan sponsors), and employees (but not dependents) covered under group health plans, as well as individuals purchasing BCBS insurance directly, are class members if they purchased or were enrolled in:

Can a class member opt out of a BCBS settlement?

Answer: Any potential class member can request to be excluded from the settlement. If a person or business does opt-out they will receive no money from the settlement but will retain the right to sue the BCBS plan for the claims in this case. If an employer opts-out of the settlement and does not file a claim, individual employees still retain the right to file and collect under the settlement. Any request to opt out must be postmarked by July 28, 2021.

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.

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.

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.

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.

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Introduction

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Many individuals and employers have recently received a postcard informing them of a proposed $2.67 billion settlement stemming from a 2012 class action lawsuit (In re: Blue Cross Blue Shield Antitrust Litigation MDL 2406, N.D. Ala. Master File No. 2:13-cv-20000-RDP) that alleged anti-competitive behavior/collusion among …
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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 Shield health insurance or a…
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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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