PROVIDER PLAINTIFFS FILE RENEWED MOTION FOR CLASS CERTIFICATION IN BLUE CROSS AND BLUE SHIELD MULTIDISTRICT ANTITRUST LITIGATION

Today, Provider Plaintiffs filed their Renewed Motion for Class Certification in their antitrust case against the Blue Cross and Blue Shield Association and all of the Blue Cross and/or Blue Shield licensees. As with the earlier motion filed in April of 2019, the Renewed Motion seeks an Order certifying two classes of acute care hospital providers in Alabama: one class consisting of all Alabama acute care hospitals that have submitted claims for covered services to a Blue Plan, seeking damages under Federal Rule of Civil Procedure 23(b)(3); and one class consisting of all acute care hospitals in Alabama for injunctive relief under Rule 23(b)(2). In addition, the Renewed Motion seeks certification of two classes of healthcare providers including medical doctors and other non-acute care hospital providers in Alabama. The Motion also seeks certification of the issue of whether the Defendants have violated the antitrust laws under Rule 23(b)(4).

The litigation concerns the Blues’ practice of dividing the country into exclusive service areas and fixing the reimbursement rates paid to healthcare providers, practices which Provider Plaintiffs allege violate sections 1 and 2 of the Sherman Act. The Renewed Motion seeks certification of classes of Alabama Plaintiffs because the Court has determined Alabama claims will be tried first. In their brief supporting the Renewed Motion, the Providers argue that “(c)lass certification is merited in this case because the predominate facts are not only common to all class members but also largely undisputed. Questions regarding the legality of Defendants’ across the board conduct are necessarily common to every class member.”

Provider Plaintiffs’ full brief in support of the Renewed Motion linked here.