Settlement FAQs

how much will bcbs settlement pay

by Keely Crist 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

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.

How do I Opt in to the BCBS settlement fund?

A judge still needs to approve the settlement. If that happens, a $2.67 billion settlement fund will be established. Some of that money will go to BCBS subscribers, much of it will go to attorneys. To opt in and get a payment, you need to submit a claim by Nov 5. You must enroll to be included. Filling out the claim form takes only a few minutes.

How do I file a lawsuit against Blue Cross Blue Shield?

To do so, you must send a letter saying that it is your “Notice of Intention to Appear in In re: Blue Cross Blue Shield Antitrust Litigation.” Be sure to include your name, including the name of your business (if applicable), current mailing address, telephone number, and signature.

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How much did the Blue Cross Blue Shield settlement cost?

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 states are covered by the Blue Cross Blue Shield settlement?

The settlement signed in U.S. District Court for the Northern District of Alabama affects the 36 Blue Cross Blue Shield insurers nationwide. In Washington, this includes Premera Blue Cross, Regence BlueShield, Regence BlueShield of Oregon, and Regence BlueShield of Idaho, Inc.

How many people does Blue Cross Blue Shield cover?

Blue Cross Blue Shield member companies cover more than 100 million Americans, or roughly a third of the nation’s population.

Who is the Commissioner of Insurance for Blue Cross Blue Shield?

But Insurance Commissioner Mike Kreidler said the greater benefit will be increased competition among health insurers, especially those in other states that historically have had fewer choices in markets dominated by Blue Cross Blue Shield companies.

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 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.

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 the purpose of a claims administrator?

The Claims Administrator is required to keep this information confidential and use it only for the purposes of effectuating a notice plan, administering and calculating claims, distributing Settlement funds, and otherwise carrying out the work necessary to administer the Settlement.

What does "objecting" mean in court?

Objecting is telling the Court that you do not like something about the Settlement. You can object only if you do not exclude yourself from the Settlement Classes. Excluding yourself is telling the Court that you do not want to be part of the Settlement Classes or the lawsuit as outlined in FAQ 28.

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 Medicare Supplemental covered by Settlement?

Medicare Advantage policies are not within the scope of products included in the Settlement classes. However, Medicare Supplemental policies are within the scope of products included in the Settlement classes, so long as they meet the other criteria (e.g., dates of coverage).

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.

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.

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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 m…
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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”). As p…
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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 …
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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 e…
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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 informatio…
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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 allocati…
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