KANSAS HOSPITAL ASSOCIATION & CLASS ACTION CAPITAL PARTNERSHIP PORTAL

SETTLEMENT OPPORTUNITIES

Blue Cross Blue Shield Providers Class Action

Allegations: The lawsuit claims that Blue Cross Blue Shield companies’ use of exclusive Service Areas is a restraint of trade that violates the Sherman Act and results in reduced competition, reduced choices for the administration of health care benefit plans, increased costs, less innovation and efficiency, and lower reimbursement rates to Providers.

A milestone settlement has been reached that will reimburse providers for a percentage of their damages, and require BCBS to make certain practice changes.

• Settlement Fund: $2.8 billion
• Filing Deadline: TBD
• Class Period: July 24, 2008 – October 4, 2024

Generic Pharmaceuticals Indirect Reseller and End Payer Classes

Allegations: This large, multidistrict litigation involves allegations that numerous generic drug manufacturers conspired to inflate prices and reduce competition for various generic medications artificially. The Indirect Reseller Class is made up of intermediary buyers, like hospitals, pharmacies, etc., that buy & sell drugs as part of their business model. The End Payer class is for insurance companies and self-insured health plans that cover the cost of employee drugs. There are 58 defendants and over 200 named generic drugs affected.

• Indirect Reseller Settlement
  • Settlement Fund: $6,537,000 (projected to be in the hundreds of millions)
  • Filing Deadline: TBD
  • Class Period: January 1, 2010 – Present
• End Payer Settlement
  • Settlement Fund: $10,000,000 (projected to be in the billions)
  • Filing Deadline: TBD
  • Class Period: 2012 – Present

Hospital Beds Antitrust Class Action

Allegations: This complaint alleges that Hill-Rom is purposefully foreclosing the distribution channel by which suppliers sell hospital beds and other medical equipment to healthcare providers through a series of exclusionary tactics. Specifically, over the past decade and continuing today, Hill-Rom has used its market power to impose long-term, exclusive “Corporate Enterprise Agreements” and analogous exclusionary contracts (“CEAs”) on hospital systems throughout the U.S. that prevent them and their constituent hospitals from contracting with other hospital bed suppliers. By unlawfully exploiting its monopoly power to exclude competition, Hill-Rom has foreclosed would-be rivals from being able to discipline Hill-Rom’s monopoly power and pricing, and thereby Hill-Rom has been able to charge, and has charged, supra competitive prices to Plaintiff and similarly situated hospitals for hospital beds.

• Settlement Fund: TBD
• Filing Deadline: TBD
• Class Period: June 20, 2020 – Present

Hospital Opioid Crisis Economic Loss Class Action

Allegations: Plaintiff operates a hospital that provides acute care, including treatment of opioid dependent patients and patients suffering from opioid-related conditions. These patients routinely seek services at Plaintiff’s emergency room and occupy beds in Plaintiff’s hospital without having insurance coverage. As a hospital operator, Plaintiff is legally and morally compelled to treat these patients, regardless of the cost of treatment.

• Settlement Fund: TBD
• Filing Deadline: TBD
• Class Period: October 16, 2019 – Present

Hospital Opioid Crisis TPP Class

Allegations: Plaintiffs claim that Defendants played a central role in the opioid crisis. They claim that to sell as many prescription opioids as possible, manufacturers misrepresented the risk and safety of long-term prescription opioid use and distributors did not properly monitor or report suspicious orders. Plaintiffs claim that defendants’ conduct caused substantial, direct and proximate harm to third-party payor plaintiffs. Because of the opioid crisis, TPP claim they have wrongfully had to pay large costs for opioid prescriptions and opioid use disorder treatment.

All entities that paid and/or were reimbursed for: (i) Opioid prescription drugs manufactured, marketed, sold, distributed or dispensed by any of the defendants and/or Opioid Supply Chain members for purposes other than resale. (ii) Paid or incurred cost for treatment related to the misuse, addiction, and/or overdose of opioid drugs on behalf of individual beneficiaries, insureds and/or members.

• Settlement Fund: $300,000,000
• Filing Deadline: June 25, 2025
• Class Period: January 1, 1996 – Present

MultiPlan Health Insurance Provider Litigation

Allegations: According to the complaint, Multiplan, Inc. is a company that helps health insurers underpay struggling healthcare providers. They started as a company that sold nationwide “wrap” networks of contracted providers to insurance companies so that insurers could supplement their own networks available to members of their PPO insurance plans. Over the past decade, it is alleged that MultiPlan has morphed into a company that offers what it calls “claims repricing” services to address the bills insurers receive when a member receives care not covered by those insurers preferred network. It is alleged that MultiPlan suppresses and fixes the prices insurers pay physicians for “out-of-network” medical care. Any time the word “repricing” is used to describe MultiPlan’s services it should be understood to mean “price fixing.”

All persons or entities who received reimbursement for out-of-network medical care from one or more of the Defendants or Co-Conspirators from than July 1, 2017, until the anticompetitive effects of the alleged unlawful misconduct cease.

• Settlement Fund: TBD
• Filing Deadline: TBD
• Class Period: July 1, 2017 – Present