Blue Cross Blue Shield $2.67B Antitrust Settlement

The Blue Cross Blue Shield class action settlement was granted final approval on August 9, 2022. Appeals were filed shortly after. On June 24, 2024 the Supreme Court denied the appeals and affirmed the settlement agreement as final.

Claim determination notices are now being issued to claimants on a rolling basis. The deadline to dispute the premiums paid amount is 30 days from the date the notice is sent.

If you purchased or were enrolled in a Blue Cross or Blue Shield health insurance or administrative services plan between 2008 and 2020, you may be eligible to claim a portion of a $2.67 billion class action settlement.

The Blue Cross Blue Shield Association has agreed to settle a class action lawsuit for alleged antitrust violations, including agreements not to compete with each other and to limit competition in selling health insurance and administrative services.

Who is eligible for a Blue Cross Blue Shield settlement payment?

The class members include individuals, insured groups, and self-funded accounts that purchased or were enrolled in a Blue Cross or Blue Shield health insurance or administrative services plan during the specified periods.

• Fully Insured Class Members:
• Individuals and insured groups (and their employees) who were covered by a Blue-Branded Commercial Health Benefit Product from February 7, 2008, to October 16, 2020.
• Dependents, beneficiaries, and non-employees are not eligible for payment.

• Self-Funded Class Members:
• Self-funded accounts (and their employees) who were covered from September 1, 2015, to October 16, 2020.
• Dependents, beneficiaries, and non-employees are not eligible for payment.

How much will BCBS settlement payouts be?

The net settlement fund, which is estimated to be approximately $1.9 billion after deductions:

• Fully Insured Claimants:
• 93.5% of the net settlement fund is allocated to fully insured claimants
• Payments are based on total premiums paid, with a formula to calculate individual claim payments

• Self-Funded Claimants:
• 6.5% of the net settlement fund is allocated to self-funded claimants
• Payments are based on administrative fees paid, with a similar calculation method

How do I claim my payment?

To claim a Blue Cross Blue Shield settlement payout, class members needed to file a claim by November 5, 2021. Claims could be submitted online or by mail. The PDF claim form was available for download.

For those who filed by mail, the address was: Blue Cross Blue Shield Settlement, c/o JND Legal Administration, PO Box 91390, Seattle, WA 98111

Was additional documentation required to submit a claim?

Additional proof was only required for claimants that selected to apply for an alternative contribution percentage instead of using the Default Option

Blue Cross Blue Shield settlement payout options

Claimants selected one of the following options:

• Venmo
• PayPal
• Pre-paid Card
• Check mailed to address provided

$2.67 Billion BCBS class action settlement fund

The settlement fund of $2.67 billion will cover various costs and payments to class members.

• Payments to class members: Approximately $1.9 billion
• Settlement administration costs: $100 million
• Attorneys' fees: Up to $667.5 million (25% of the settlement fund)

Important dates

Deadline to File a Claim: November 5, 2021

When is the Blue Cross Blue Shield payout date?

The settlement administrator is currently working through the claim review process. Payments will be issued after claim review is completed and individual payment amounts have been determined.

Why was there a class action settlement?

The lawsuit alleged that the Blue Cross Blue Shield Association and its members violated antitrust laws by agreeing not to compete with each other, limiting competition in the market for health insurance and administrative services. The settlement was reached to avoid the risk and cost of a lengthy trial.