Blue Cross Blue Shield settlement update: When might you see a check?

More than three years after a $2.67 billion settlement was reached regarding antitrust claims against Blue Cross Blue Shield insurance plans, including Highmark, former policyholders might soon know when they can expect to receive compensation.

Unless a recent court decision is appealed — which could happen.

On Oct. 25, the 11th U.S. Circuit Court of Appeals upheld the settlement agreement following an appeal by attorneys for Home Depot and two other employers.

GoErie.com and Erie Times-News journalist David Bruce is shown in Erie on June 7, 2023.
GoErie.com and Erie Times-News journalist David Bruce is shown in Erie on June 7, 2023.

Home Depot had claimed the settlement, 10 years in the making, would prevent national employers who chose not to participate in the settlement from filing similar claims in the future.

The other two employers, in a combined brief, had claimed the court failed to adequately scrutinize the settlement's allocations among plaintiffs, according to the website Law360.com, which covers litigation.

In their decision, the court's three-judge panel wrote that Home Depot did not persuade the court that the settlement would harm the power of antitrust enforcers or others to bring claims against Blue Cross Blue Shield in the future, according to Reuters.

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The panel also said the settlement's plan to set aside $667 million in legal fees and expenses "fell within the range of reasonableness," Reuters reported.

Those who objected to the settlement can still appeal to the U.S. Supreme Court. The deadline for any additional appeals is the first quarter of 2024, according to the settlement's officials website, www.bcbssettlement.com.

An update is expected to be posted on the website in February. That would be the earliest settlement checks could be issued.

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The settlement ended litigation that began in 2013 when a class-action lawsuit was filed. It claimed that the BC/BS plans illegally entered into an agreement not to compete with each other, and to restrict competition among themselves.

As part of the settlement, the plans deny all allegations of wrongdoing.

About six million people, including many in northwestern Pennsylvania, filed claims by the November 2021 deadline. As a result, they can expect to receive about $333 per claim.

HERE to HELP: Have a consumer question you'd like us to help you with? Leave a message with David Bruce at 870-1736, send an email to david.bruce@timesnews.com or send mail to 205 W. 12th St., Erie, PA 16534.

This article originally appeared on Erie Times-News: Blue Cross Blue Shield settlement advances toward finish

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