In late 2020, BCBSA and the class representatives (the plaintiffs) reached an agreement to settle the lawsuit for approximately $2.67 billion as well as certain injunctive relief that, among other things, requires BCBSA to change their policies and practices. The settlement was subsequently preliminarily approved by a federal district court in Alabama. The roughly $2.67 billion will be placed into a settlement fund, which will be used to pay claims once the settlement is finally approved by the court. A fairness hearing where the court determines whether the settlement is fair, reasonable, and adequate is scheduled for October 20, 2021.
Why are you telling me about this lawsuit?
Your company and your employees may be part of the settlement class. Notification to potentially impacted parties, including employers and their employees is currently in progress. The settlement impacts many employers sponsoring insured and self-funded group health plans as well employees who elected coverage under the plans. Therefore, we wanted to apprise you of the settlement and briefly explain how this may impact you or your employees.
How will I know if my company is impacted by the settlement?
If you contracted with a BCBSA, or one of its members (such as Anthem), to provide insured group health plan coverage between February 7, 2008 and October 16, 2020 or administrative services (for self-funded plans) between September 1, 2015 and October 16, 2020, your employees and you may have a claim and should receive notice of the settlement.
Do I have to help my employees with their claims?
No. The parties notify all employees about the settlement, the potential impact of the settlement on the employees, and provide a notice and claims administrator hotline – (888) 681-1142. We are informing you about this so that you know where to point employees – either to the FAQs or the hotline – if they have further questions.
Who can I talk to at Fall River to learn more?
Please understand, we are not lawyers or legal counsel and we have not been party to, or directly engaged in the litigation. Therefore, we cannot answer questions about the lawsuit or specifically advise you how to proceed. The settlement site (www.BCBSsettlement.com) specific to the lawsuit has excellent FAQs that can help guide your employees and you. You can always contact the lawsuit claims administrator at (888) 681-1142 or by email This email address is being protected from spambots. You need JavaScript enabled to view it.. Neither your employees nor you need your own legal counsel to file a claim, as the court appointed attorneys to act on behalf of the named plaintiffs and settlement class.
To download the BCBS Subscriber Settlement Fact Sheet, click here.
