Plaintiffs representing physicians, hospitals and other health care professionals in In Re Blue Cross Blue Shield Antitrust Litigation reached a settlement agreement on Oct. 14 with the Blue Cross Blue Shield Association and its member companies (BCBS) for allegations of suppressing competition and underpaying providers. 

As part of the agreement, BCBS will pay $2.8 billion to a settlement fund and implement transparency and accountability measures within BCBS. The settlement – the largest ever for a health care antitrust case - covers health care service providers with BlueCard Program patients between July 2008 and October 2024.  

The settlement is subject to approval from a federal court in Alabama. If approved, impacted health care professionals will receive information about potential recovery options and participation in the settlement fund. There is not expected to be an opt-in to the settlement but there will be an opt-out right. Physicians who wish to claim a recovery under the settlement will eventually need to submit a claim form to do so. Formal notice will be sent at a later time. ISMA will share more details as they become available.  

BCBS has continued to deny the allegations and said it agreed to the settlement and operational changes to "put years of litigation behind us."