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You are here: Home / ARTICLES / Blue Cross Blue Shield Agrees to Pay $2.8 Billion Settlement in Antitrust Case

Blue Cross Blue Shield Agrees to Pay $2.8 Billion Settlement in Antitrust Case

November 7, 2024
Written by Christopher Migliaccio

Table of Contents

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  • Understanding the Blue Cross Antitrust Settlement
  • Who Benefits from the Blue Cross Antitrust Settlement?
  • FAQs about Blue Cross antitrust settlement
  • Conclusion

The Blue Cross antitrust settlement is a landmark case impacting the healthcare industry. This $2.67 billion settlement addresses allegations of anti-competitive practices by Blue Cross Blue Shield Association and the settling individual Blue plans. Many wonder what this means for them.

Filed in 2012, the case began with allegations that Blue Cross Blue Shield (BCBS), including individual Blue plans, stifled competition. These accusations focused on licensing agreements dividing the country into exclusive service areas, limiting patient choice, increasing costs, and decreasing reimbursements to providers. Consumers, including Medicare Advantage subscribers, employers, employees, and individuals, are seeking information on how the settlement affects them.

Understanding the Blue Cross Antitrust Settlement

The Blue Cross antitrust settlement includes a $2.67 billion payout. It also requires BCBS to reform its business practices. BCBS must now allow greater flexibility across state lines, a potential advantage for those moving. This change offers more choices among Blue Cross Blue Shield plans and Shield plans for those selling health insurance.

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Key Changes from the Settlement

The Blue Cross antitrust settlement mandates structural changes within BCBS and Blue Shield Association. It aims to create a fairer playing field for consumers and businesses alike. Changes for subscribers include settling defendants allowing self-funded employers to get additional quotes and enhanced prior authorization.

There are also other changes included as well like the Blue Cross plans and Blue Shield plans value-based contracts. For smaller practices, there will also be streamlined claims processes, allowing the individual blue plans and individual blue cross to operate on an improved claim system. Small healthcare provider groups and therapists will benefit. The settling defendants agreed to change to address some plaintiffs allege.

This agreement changes how independent insurance brokers operate in areas like LaSalle and Red River counties. Consumers and beneficiaries will find it easier to research and select health insurance plans, including HMOs, PPOs, and Medicare plans in areas like Kent and Red River counties. Self-funded employers should check plan offerings for updates and pricing.

Who Benefits from the Blue Cross Antitrust Settlement?

The Blue Cross antitrust settlement affects a broad range of individuals and groups. This includes individuals, fully insured groups, and self-funded entities. The settlement period runs from February 7, 2008, to October 16, 2020, for individuals and fully insured employer groups.

The settlement period starts later for self-funded groups, from September 1, 2015, to October 16, 2020. Government accounts are excluded from the settlement. The class representatives allege these actions caused higher premiums, higher health care costs, and more. These issues impacted not just health insurance subscribers but those selling health insurance, too.

Impact on Consumers

The Blue Cross antitrust settlement aims to lower healthcare costs. Increased competition between insurers should reduce premiums for individuals and businesses. This class action antitrust lawsuit should create a change in the health care landscape across the U.S. from Texas and Illinois and everywhere in-between.

Insured individuals should expect updates and communications. Those in the damages class who filed timely claims may receive payout notices. The changes created by this class action antitrust lawsuit may result in better reimbursements for providers as well as greater access for subscribers and even new plan types and administrative services.

Impact on Providers

Medical providers also benefit. The settlement leads to better communication between providers and insurers. Improved claim processes should alleviate the administrative burden on small healthcare providers, therapists, and others. The class members are part of a lawsuit that is set to resolve many of these problems for Blue Cross and Blue Shield as well as the other settling defendants and the shield association and settling individual Blue Plans.

Infographic titled "Blue Cross Antitrust Settlement: What You Need to Know," summarizing the 2012 case, key reforms, and benefits for consumers and providers.

Discover how the Blue Cross antitrust settlement could affect you. This $2.67 billion agreement impacts consumers, providers, and employers by increasing competition and reducing healthcare costs.

FAQs about Blue Cross antitrust settlement

FAQ 1: What happened with the BCBS lawsuit settlement?

BCBS agreed to a $2.67 billion settlement in an antitrust lawsuit. The suit alleged anti-competitive practices among settling defendants violated antitrust laws. The settling defendants deny the allegations and did not admit liability. The court decided the $2.67 billion to be appropriate and sufficient to address what the class representatives allege were anticompetitive practices by Blue Cross Blue Shield Association and settling individual Blue Plans in the selling of health insurance.

FAQ 2: Is the Blue Cross Blue Shield lawsuit 2008 to 2020?

The settlement class periods cover February 7, 2008, to October 16, 2020, for individuals and fully insured groups. For self-funded groups, it’s September 1, 2015, to October 16, 2020. Check your eligibility at bcbssettlement.com. Information and court documents related to the Blue Cross Blue Shield antitrust litigation MDL can be found there.

FAQ 3: How do I find my class action settlement?

For information on this settlement, visit bcbssettlement.com. You can also refer to official settlement administrator notices. These notices provide details on eligibility, claims, and opt-out options.

FAQ 4: What does it mean when a settlement is in review?

A settlement “in review” means the court is evaluating it for fairness. The final approval hearing was on November 14, 2024, so the settlement is no longer in review. Individuals or groups may submit comments or feedback. You can read more at JD Supra.

Conclusion

The Blue Cross antitrust settlement is a significant event in the healthcare industry. While the full impact will unfold over time, there are already tangible effects. Patients may see lower healthcare costs. Increased competition should lower insurance premiums and provide greater value to employers. Employers can now renegotiate plans under the new guidelines.

This landmark decision impacts how BCBS and settling individual Blue plans operate, including hospital associations. For more information on your eligibility and how the settlement affects specific plans, including the Blue Cross Medicare Advantage Flex (PPO) and Value (HMO) plans, visit AHA News and MedicareWire. The settlement provides an opportunity for increased plan flexibility and greater access to care for all.

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Article Category: Life & Legal Insights

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Christopher Migliaccio, attorney in Dallas, Texas
About the Author

Christopher Migliaccio is an attorney and a Co-Founding Partner of the law firm of Warren & Migliaccio, L.L.P. Chris is a native of New Jersey and landed in Texas after graduating from the Thomas M. Cooley School of Law in Lansing, Michigan. Chris has experience with personal bankruptcy, estate planning, family law, divorce, child custody, debt relief lawsuits, and personal injury. If you have any questions about this article, you can contact Chris by clicking here.

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