On December 5, 2024, an Alabama federal judge granted preliminary approval for the Blue Cross Blue Shield (“BCBS”) settlement. As part of the agreement, BCBS will pay $2.8 billion to a Settlement Fund and implement transparency and accountability measures to address alleged anticompetitive behavior. For a detailed discussion of the BCBS settlement, please see our previous article here.
Out-of-network emergency medical providers who have ongoing lawsuits against BCBS have objected to the settlement, arguing that out-of-network providers are not adequately represented. However, the judge overruled this objection, noting that it is premature since settlement notices have not yet been issued. A Final Fairness Hearing is scheduled for July 2025, after which the court will determine whether to approve the Settlement Agreement and the Plan of Distribution.
The opt-out deadline for providers is March 4, 2025. Providers should carefully evaluate whether to participate in the Settlement Fund or opt out and pursue individual legal action against BCBS. Key considerations include the potential recovery amount, the volume of services provided to BCBS patients and the potential costs of litigation. A Hall Render attorney can assist in assessing potential damages claims and determining whether opting out is advisable.
If you have questions regarding this litigation or need guidance on whether to opt in or out of the Settlement Fund, please contact:
- Michael Greer at (317) 977-1493 or mgreer@hallrender.com;
- Nathan Chubb at (202) 780-2991 or nchubb@hallrender.com;
- Liliann Stoll at (303) 557-2119 or lstoll@hallrender.com; or
- Your primary Hall Render contact.
Hall Render blog posts and articles are intended for informational purposes only. For ethical reasons, Hall Render attorneys cannot—outside of an attorney-client relationship—answer specific questions that would be legal advice.
