BCBS Class Action Settlement Claims Deadline Approaching

What is the lawsuit about?

In the class action In re: Blue Cross Blue Shield Antitrust Litigation, the Plaintiffs (Provider Class Representatives, or group of providers and facilities bringing the suit) claim that the Settling Defendants (Individual Blue Plans and the Blue Cross Blue Shield Association) violated antitrust laws by illegally dividing the United States into "Service Areas" and agreed not to compete in those areas.  They also claim that the Settling Defendants fixed prices for services provided.

Why is there a Settlement?

The Court did not decide in favor of the Plaintiffs or Settling Defendants.  Instead, both sides have agreed to the Settlement.

Who is included in the Settlement Classes?

The Settlement Class includes all Providers in the U.S. (except Excluded Providers) who currently provide or provided healthcare services, equipment or supplies to any patient who was insured by, or was a member of or a beneficiary of any plan administered by any settling individual Blue Plan from July 24, 2008 to October 4, 2024.

The Following are Excluded Providers:

The following are “Excluded Providers” and are not Settlement Class Members:

1. Providers owned or employed by any of the Settling Defendants (see FAQ 3);
2. Providers owned or employed exclusively by Government Entities or Providers that exclusively provided services, equipment or supplies to members of or participants in Medicare, Medicaid or the Federal Employee Health Benefits Programs;
3. Providers that have otherwise fully released their Released Claims against the Releasees prior to the Execution Date, including but not limited to Providers that were members of any of the settlement classes in Love v. Blue Cross and Blue Shield Association, No. 1:03-cv21296-FAM (S.D. Fla.), and who were licensed to practice before March 12, 2008; or
4. Providers that exclusively provide or provided: (a) prescription drugs; (b) durable medical equipment; (c) medical devices; (d) supplies or services provided in an independent clinical laboratory; or (e) services, equipment or supplies covered by standalone dental or vision insurance.

Note: Any Provider who falls within the exclusion(s) described in (i), (ii), or (iv) above, for only a portion of the Settlement Class Period, is a Class Member that may recover in the Settlement.

Source: BCBS Provider Settlement Website Class Notice