Blue Cross and Blue Shield
Class Action Settlement

Blue Cross and Blue Shield
Class Action Settlement

How much is the total pool of money distributed?

Blue Cross Blue Shield Antitrust Class Action Preliminary Settlement of $2.67 Billion Case Summary For Unions. A Preliminary Settlement was reached in this case. If the Settlement is approved by the court, and there are no appeals, an outline of the relevant settlement terms is below.

Is my business eligible?

If you are an associational entity, such as a union, professional employer organization, trade association or other entity (“Union”) that purchased a Blue-Branded Commercial Health Benefit Product (unless the only Blue-Branded Product purchased was a vison or dental product) between February 7th, 2008, and October 16th, 2020 (“Class Period 1”) your Union may be eligible to claim its share of an approved $2.67 billion settlement (“Settlement”). If your Union self-funded its health benefits but purchased certain Blue-Branded administrative or related services, Blue-Branded stop-loss coverage, or a Blue-Branded Self-Funded Benefit Plan (collectively “Blue Branded Administrative Services”), between September 1, 2015 and October 16, 2020 (“Class Period 2”), your Union may also be eligible to claim your share of the Settlement.

What is this lawsuit about?

Plaintiffs allege that Settling Defendants violated antitrust laws by entering into an agreement where the Settling Defendants agreed not to compete with each other in selling health insurance and related products in the United States and Puerto Rico, as well as agreeing to other means of limiting competition in the market for health insurance and administration of Commercial Health Benefit Products. Settling Defendants deny all allegations of wrongdoing and assert their conduct results in lower healthcare costs and greater access to care for their customers. The Court has not decided who is right or wrong. Instead, Plaintiffs and Settling Defendants agreed to a Settlement to avoid the risk and cost of further litigation. This Settlement is subject to approval by the court and may be subject to modification prior to approval, and any appeals may also modify the terms of the Settlement.

How much of the Settlement will we receive?

The proposed settlement provides that the Union’s benefit will be calculated based on the following formula:
  • (Total Premiums Paid During the Settlement Class Period by the Union) Divided by
  • (Total Premiums Paid during the Settlement Class Period by all Claimants in the group who submit claims) Multiplied by
  • (Total dollars in the applicable Settlement Fund, as appropriate)
  • = Claim payment to Union.

When will the Settlement be available?

The proposed settlement provides that the Union’s benefit will be calculated based on the following formula:
A motion to approve the Settlement was filed on October 30, 2020. A preliminary approval hearing for the Settlement, for the plan, for notice and appointment of a claims administration and for other relief will be held November 16, 2020. We offer no view regarding whether the Settlement will be approved, and if approved whether any appeals will be filed or if filed, how long those appeals will be pending.

When can I file my claim?

As of now, final claim forms are not yet available from the class administrator and no claims filing deadline exists.

Slateshore Recovery (SSR) is a class action claims management consultant; we are not attorneys, a court appointed claims administrator or class counsel. If you engage SSR, SSR will work with you to manage the claims process: SSR will notify you when we believe that you may be eligible to participate in this Settlements; we will seek to present the full value of your claim in the Settlement; we will seek to reduce the support needed from your in-house staff. SSR will provide advice on what, if any, documents need to be collected and maintained, and, when requested, will assist in that effort. If required documents are not available or are too burdensome to collect, SSR will attempt to develop alternatives to satisfy documentation requirements and then negotiate on your behalf to obtain approval of those alternatives. SSR will prepare, assemble and submit your claim package, and manage it throughout the claims processing phase, including working with you to address any concerns or questions the claims administrator may have. SSR will provide regular updates on the recovery process as appropriate. SSR will review your payment when received to verify that it has not been under calculated and SSR will follow up with you to assure that you receive your share of the recovery. SSR’s recovery specialists are always available to answer any questions you may have. How to Retain SSR: If you wish to engage SSR to file and manage a claim on your behalf, you must return a DocuSign copy or hard copy by fax or mail of our Authorization Agreement. Before doing so please review all terms carefully so you understand your rights.

This is not an official Court Notice and is for informational purposes only. Information contained in this document is subject to change.

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