In re Blue Cross Blue Shield Antitrust Litigation

Are You An Insured Group or Self-Funded Account, that purchased, was covered by, or was enrolled in a Blue- Branded Commercial Health Benefit Product?

If you purchased these products as an Insured Group between 2/7/2008, through 10/16/2020 or as a Self-Funded Account between 9/1/2015 through 10/16/2020, you may be entitled may be entitled to compensation as a result of this litigation.

Settlement Total
$2,670,000,000
Settlement Total
Eligible Purchase Dates
2/7/08 - through 10/16/20
Eligible Purchase Dates
Deadline

0

days
Deadline

Background Information

The Plaintiffs allege that Defendants, Individual Blue Plans and the Blue Cross Blue Shield Association, entered into an unlawful agreement that restrained competition between them in the markets for health insurance and for the administration of commercial health benefit products in the United States and its territories. As a result, subscribers of these commercial health benefit products were caused to pay supracompetitive premiums and/or administrative fees. As a result of this litigation, the parties have agreed to settle their disputes for $2.67B plus other non monetary relief, including that Defendants will make changes in the way they do business to increase the opportunities for competition in the market for health insurance. The Settlement provides monetary payments to qualifying class members, who submit a valid claim. 

Settlement Information


Filing Deadline: November 5, 2021


Filing Deadline+

Claims must be filed by November 5, 2021.


Proposed Eligible Nationwide Class & Class Period+

The Court certified two Settlement Classes in this case―a Damages Class and an Injunctive Relief Class. The Damages class is entitled to participate in monetary relief.

  • The Damages Class includes 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 (unless the person’s or entity’s only Blue-Branded Commercial Health Benefit Product during the class periods was a stand-alone vision or dental product) sold, underwritten, insured, administered, or issued by any settling Individual Blue Plan during the respective class periods. 
    • The class period for the fully insured Individuals and Insured Groups (and their employees) is from February 7, 2008, through October 16, 2020 (“Settlement Class Period”). The class period for the Self-Funded Accounts (and their employees) is from September 1, 2015 through October 16, 2020 (“Self-Funded Settlement Class Period”). Dependents, beneficiaries (including minors), and non-employees are NOT included in the Damages Class.
    • Self-Funded Accounts encompass any account, employer, health benefit plan, ERISA plan, non- ERISA plan, or group, including all sponsors, administrators, fiduciaries, and Members thereof, that purchased, were covered by, participated in, or were enrolled in a Self-Funded Health Benefit Plan during the Self-Funded Settlement Class Period. A Self-Funded Health Benefit Plan is any Commercial Health Benefit Product other than Commercial Health Insurance, including administrative services only (“ASO”) contracts or accounts, administrative services contracts or accounts (“ASC”), and jointly administered administrative services contracts or accounts (“JAA”).
      • For associational entities (e.g., trade associations, unions, etc.), the Self-Funded Account includes any member entity which was covered by, enrolled in, or included in the associational entity’s Blue- Branded Commercial Health Benefit Product. A Self-Funded Account that purchased a Blue-Branded Self-Funded Health Benefit Plan and Blue-Branded stop-loss coverage remains a Self-Funded Account.


Defendants+

Individual Blue Plans (Primary Licensee, including Controlled Affiliates Licensees of Blue Cross Blue Shield Association) and Blue Cross Blue Shield Association.


Settlements+

$2,670,000,000.00 before expenses. After expenses, the Net Settlement Fund is estimated to be approximately $1.9 billion and will be distributed to Damages Class Members. This Net Settlement Fund will be split as described below:

Monetary Damages:

  • 93.5% of the Net Settlement Fund (approximately $1.78 billion) will be allocated to the Fully Insured (FI) Class Members as a “FI Net Settlement Fund.” The FI Net Settlement Fund will be distributed to FI Authorized Claimants who submit a valid claim by the claim deadline, which include:
    • Individuals (“FI Individual Policyholders”); 
    • Insured Groups (“FI Groups”); and
    • Insured Group Employees (“FI Employees”)
  • The remaining 6.5% of the Net Settlement Fund (approximately $120million) will be set up as a “Self- Funded Net Settlement Fund.” The Self-Funded Net Settlement Fund will be distributed to Self- Funded Authorized Claimants who submit a valid claim by the claim deadline, which include:
    • Self-Funded Accounts (“Self-Funded Groups”); and
    • Self-Funded Account Employees (“Self-Funded Employees”).
  • The FI Net Settlement Fund and Self-Funded Net Settlement Fund are separate funds for FI Authorized and Self-Funded Authorized Claimants, respectively. If the claim rate is lower in one fund than the other, the payment to the Authorized Claimants will be proportionately increased in that fund only, and not to all Authorized Claimants overall.


Exclusions+

Excluded from the Damages Class are:

  • Government Accounts;
  • Medicare and Medicaid Accounts;
  • Settling Defendants themselves, and any parent or subsidiary of any Settling Defendant (and their covered or enrolled employees);
  • Individuals or entities that file an exclusion or opt out from the Settlement; and
  • The judge presiding over this matter, and any members of his judicial staff, to the extent such staff were covered by a Commercial Health Benefit Product not purchased by a Government Account during the Settlement Class Period.
  • Dependents, beneficiaries (including minors), and non-employees are NOT included in the Damages Class and cannot file claims.


In addition, if a person or company's only Blue-Branded Commercial Health Benefit Product during the class periods was a stand-alone vision or dental product, the person or company is not eligible to file a claim.


Eligible Products+

Any Blue-Branded Commercial Health Benefit Product (unless the person’s or entity’s only Blue-Branded Commercial Health Benefit Product during the class periods was a stand-alone vision or dental product) that meets the criteria described in the Proposed Eligible Nationwide Class.

Disclaimer

Claim forms, in their final form, are not yet available from the Class Administrator. Class members are not required to sign up with any third-party service in order to participate in the monetary relief, but may instead file their claim directly with the Class Administrator. No-cost assistance will be available from the Class Administrator and Class Counsel during the claims-filing period. For additional information class members may visit  court approved website for this case https://www.bcbssettlement.com/.

 

Receive More Information

Receive more information on this case by completing the form below.