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Guidance on BCBS Class Action Settlement Agreement


Recently, the various Blue Cross Blue Shield (BCBS) entities have entered into a $2.6B anti-trust class action settlement agreement which potentially would benefit your organization if you had placed coverage with a BCBS plan or if BCBS was your self-insured administrator during a specific period of time (known as the “relevant class period”). The relevant class period is from February 7, 2008, through October 16, 2020, for fully insured groups (and their employees), and is from September 1, 2015, through October 16, 2020, for self-funded groups (and their employees). As with similar class actions, many of our clients have been or will be approached by firms which, on a contingency basis, will represent them in connection with the settlement.

It is expected that the class notification campaign will begin on or around Friday, March 26, 2021. This campaign will begin with individuals and accounts that are members of the Damages Class being notified via email and/or postcard notices. The notification should include settlement instructions and there may be a request for historical details of claims that could potentially go back to 2008.

Resources have been established to address questions about the class notice, including questions related to the claims submission process or the amount of the settlement relief a Damages Class member may receive. These resources have been established by the plaintiffs’ counsel. For your convenience, the contact information for the three resources are:

The settlement website, at www.BCBSsettlement.com

A toll-free inquiry number, which is 888.681.1142

An email address, which is info@BCBSsettlement.com

We understand that gathering data to support or verify a settlement calculation will be challenging for many organizations. Additionally, it is expected that there will be a window for organizations to preserve rights with respect to the action. During this window, you will need to evaluate your organization’s individual circumstances with respect to the claim, as the allocation methodology may be subject to adjustment and your organization may potentially elect to opt out altogether to pursue a separate action. 

We are aware that our clients have begun to be contacted by firms offering settlement recovery services. We cannot endorse any of these firms and have no knowledge of their viability. One firm, Class Action Capital (CAC), has offered a preferred contingent fee of 15% of the settlement to our clients. If you are interested, visit CAC’s website or contact CAC directly for more information.

We are providing this information for educational purposes only. This material does not constitute endorsement or approval by NFP of any services offered by third party. NFP is not a law firm and does not provide legal advice. We encourage you to discuss your options in consultation with your legal and other professional advisers. 

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