The official administrator of the Blue Cross Blue Shield class-action settlement, JND Legal, has now activated the official settlement website, which can be accessed at bcbssettlement.com. The website will allow all eligible class members to file a claim online to ensure they recover payment from the settlement. However, the website’s claim filing portal will activate only once the notification process has begun. The process is currently scheduled to commence in Spring 2021. As stipulated in the settlement, notice will be sent through mail or email to eligible class members.
It is important to be on the lookout for the official notice and regularly check the settlement website. To make a claim and be eligible to receive a payment, class members must file a claim form via the website or by mail by a certain deadline that has yet to be determined.
As mentioned in our previous article, accessible here, the class period for fully insured businesses and individuals is February 7, 2008 through October 16, 2020. The class period for those that are self-funded is September 1, 2015 through October 16, 2020. Taft-Hartley and Government accounts* are excluded from the settlement, as are stand-alone vision and dental plans.
The settlement has a default distribution allocation of the funds between employers and employees at the following rates:
However, the settlement allows employers and employees the opportunity to appeal the default allocation by submitting evidence demonstrating their actual percentages differed or other damages were higher.
As mentioned above, the website’s claims portal is not yet open but is planned to be active in Spring 2021, once notice has begun. The final approval of the settlement is scheduled to take place in October of this year. The settlement funds will go out shortly after that.
As always, the Research and Compliance team at Hays Companies will continue to monitor the situation and provide important updates as they become available.
*Per the settlement: “Government Account” means only a state, a county, a municipality, an unincorporated association performing municipal functions, a Native American tribe, or the federal government (including the Federal Employee Program). A Government Account includes all Members of the Government Account. No other entity that is not a state, county, municipality, unincorporated association performing municipal functions, Native American tribe, or the federal government is a Government Account, unless it is required by law to provide any health care coverage it makes available to Members only under, or as a participant in, a Commercial Health Benefit Product approved, selected, procured, sponsored, or purchased by a Government Account. Entities that are not Government Accounts (e.g., utility companies, school districts, government-funded hospitals, public retiree benefit plans, public libraries, port authorities, transportation authorities, waste disposal districts, police departments, fire departments) will receive notice and an opportunity to submit a claim form to the extent they are otherwise within the definition of the Damages Class.
This document is provided for general information purposes only and should not be considered legal or tax advice or legal or tax opinion on any specific facts or circumstances. Readers are urged to consult their legal counsel and tax advisor concerning any legal or tax questions that may arise.
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