A U.S. District Court in Alabama has given preliminary approval to a landmark antitrust settlement involving Blue Cross Blue Shield (BCBS), calling for the insurer to pay $2.8 billion into a settlement fund designated for settlement class members, including physicians, group practices, and health care facilities who meet certain criteria. The Dec. 6 decision progresses the settlement toward the final fairness hearing scheduled for July 29, 2025, after over a decade of litigation and negotiations. Physicians and physician groups who want to make a claim and meet settlement criteria can file a claim by July 29 at the Blue Cross Blue Shield Provider Settlement website established upon the court’s preliminary approval. The settlement agreement involves all Blue Cross and Blue Shield entities, as well as the Blue Cross Blue Shield Association, and will require BCBS to “invest millions in system improvements to address widespread issues currently affecting providers,” which will “bring substantial changes to the BlueCard Program and the Blues’ operations, including accountability, streamlining claims processing, enhancing provider communications and reducing administrative burdens and inefficiencies for healthcare providers.”
I have pasted below a few of the FAQs from the website just to provide an overview, but you should read all the associated documents to determine whether you or your hospital should file a claim. The deadline to submit a claim is July 29, 2025.
- What is the lawsuit about?
In the class action, called In re: Blue Cross Blue Shield Antitrust Litigation, the Plaintiffs (see FAQ 3) claim that the Settling Defendants violated antitrust laws by illegally dividing the United States into “Service Areas” and agreeing not to compete in those areas. They also claim that the Settling Defendants fixed prices for services provided. The class action is pending in the United States District Court for the Northern District of Alabama, Southern Division. U.S. District Judge R. David Proctor is overseeing it.
- Why is there a Settlement?
The Court did not decide in favor of the Plaintiffs or Settling Defendants. Instead, both sides have agreed to the Settlement. Both sides want to avoid the risk and cost of further litigation. The Plaintiffs and their attorneys think the Settlement is best for the Settlement Classes.
- Who are the Parties to this Settlement?
The Plaintiffs – the Provider Class Representatives – are the group of providers and facilities listed in Paragraph ttt of the Settlement Agreement, available here. The Settling Defendants are all Settling Individual Blue Plans (Primary Licensees, including Controlled Affiliate Licensees) and the Blue Cross Blue Shield Association (“BCBSA”), collectively. “Parties” means the collective of all Provider Class Representatives, all Settlement Class Members, BCBSA, and all Settling Individual Blue Plans.
- How do I get more information about the Settlement?
More information is available on the Documents page of the settlement website. You can find a copy of the Settlement Agreement and other important documents. The settlement website also provides information about the current status of the case. You may contact the settlement program at Administrator@BCBSProviderSettlement.com or call toll-free at +1 (888) 452-3095.
You may also contact Plaintiffs’ Co-Lead Counsel at:
Edith M. Kallas
Joe R. Whatley, Jr.
WHATLEY KALLAS LLP
P.O. Box 10968
Birmingham, AL 35202-0968
BCBSProviderSettlement@whatleykallas.com
+1 (800) 745-8153
Dr. Fife is a world renowned wound care physician dedicated to improving patient outcomes through quality driven care. Please visit my blog at CarolineFifeMD.com and my Youtube channel at https://www.youtube.com/c/carolinefifemd/videos
The opinions, comments, and content expressed or implied in my statements are solely my own and do not necessarily reflect the position or views of Intellicure or any of the boards on which I serve.
