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Blue Cross/Blue Shield Settlement Related to Licensing Agreements

Date: July 30, 2021

We are receiving several inquiries on the Blue Cross Blue Shield Antitrust Litigation where a settlement was reached on behalf of individuals and companies that purchased health insurance provided or administered by a Blue Cross Blue Shield Company. 

Last October, Blue Cross and Blue Shield Companies reached a class action settlement with subscribers related to licensing agreements within the Blue Cross and Blue Shield System.

Through the settlement, Blue Cross and Blue Shield companies have agreed to make monetary payments to certain groups and individuals and implement eventual changes to the way they operate. The following individuals and groups may be considered a "Damages Class Member" and be eligible to submit a claim for payment: 

  • An individual subscriber who purchased health insurance directly from a Blue Cross and Blue Shield company between February 7, 2008, and October 16, 2020;
  • A fully insured group account (including enrolled employees) of a Blue Cross and Blue Shield company between February 7, 2008, and October 16, 2020; or
  • A self-funded group account (including enrolled employees) of a Blue Cross and Blue Shield company between September 1, 2015, and October 16, 2020. 

Dependents, beneficiaries, and non-employees are not eligible to receive payment. Also excluded from payment are government accounts, Medicare accounts of any kind, BCBSA and Blue Cross and Blue Shield companies themselves, including any of their parent or subsidiary entities (and their covered or enrolled current or former employees), 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. 

  • BCBS reached the "Class Notice" stage of the settlement approval process and has taken the following actions:
    • Members of the Damages Class – which includes individuals, groups, and their employees – are receiving notification by email and mail about the settlement.
    • This includes notification that they may be eligible for a payment because of the settlement.
    • Settlement details will be shared through class notice, TV, radio, print and online advertising – publicity is standard in a settlement like this.
    • All of this is intended to direct people to resources where they can learn more about the settlement, including their rights under the settlement, how and where they can submit claims for payment, opt out of the settlement*, object to the settlement.

The settlement website – www.BCBSsettlement.com - has a robust section of questions and answers and it is anticipated this resource will assist you in obtaining information.

If you have questions beyond the information provided, you should reach out to JND Legal Administration at the settlement website, www.BCBSsettlement.com or by telephone at 1-888-681-1142 or via e-mail to info@BCBSsettlement.com

*It should be noted that the last day by which to opt out of the settlement was July 28, 2021.

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