As your trusted advisor, we feel it is important to keep you abreast of details regarding pending legislation and settlements. One recent settlement has received much attention as it focuses on the Blue Cross Blue Shield Association.

In October 2020, the BlueCross BlueShield (BCBS) Association, of which both Regence Blue Shield and Premera Blue Cross are a part, reached a settlement in a lawsuit related to licensing agreements within the BCBS system. From the settlement, funds have been allocated to compensate both employers and employees who were covered by a BCBS plan during the settlement period.

The settlement will be provided for fully insured plans between 2/7/2008 and 10/16/2020 and for self insured plans between 9/1/2015 and 10/16/2020. To receive funds from the settlement, both employers and employees who had a BCBS plan during these time frames need to make a claim to opt into the suit. The deadline for filing the claim is 11/5/2021.

JND Legal is the firm administering the settlement claims is and it is their responsibility to notify the affected parties of the settlement and how to file. Detailed information can be found on the settlement website at www.bcbssettlement.com/ 

Additional questions that claimants may have can be directed to JND Legal Administration in one of the following methods:

Phone: (888) 681-1142

Email: info@BCBSsettlement.com

Mail: Blue Cross Blue Shield Settlement

c/o JND Legal Administration

PO Box 91390

Seattle, WA 98111

Attached you will find an overview from BCBS regarding the settlement, including: 

• An explanation of what the settlement entailed
• Details regarding the BCBS Second Blue Bid 
• Who is eligible for the BCBS Second Blue Bid  
• How this will affect both employers and employees 

Other Key Points:

1. The settlement fund is estimated at $2.6 billion. Attorney fees, administration expenses, and other costs will be deducted first. The net fund to be distributed will be approximately $1.9 billion.
2. The settlement is not yet approved.
3. Dental and vision is not a part of the settlement.
4. Employers will need to receive their unique ID to use when filing a claim.
5. As they are the defendants, your local BCBS representatives will likely not share details when asked questions about the suit, and will usually direct you to the settlement website.
6. It is possible to “opt out” of this settlement, but still retain your rights to pursue litigation. The deadline to opt out is 11/5/2021. Please contact JND Legal Administration for more details.

As always, please contact your client advisor directly for additional questions and/or assistance. 

We cannot provide commentary or recommendations for lawsuits for which we are not a party. However, if you as an employer have received a notice in the mail or believe that you may be eligible class member in this matter, we urge you to review your options and deadlines at www.BCBSsettlement.com. Individuals may also receive notifications in connection with this matter, and should use their own independent judgment on whether to participate in the class action.