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Blue Cross Minnesota Defeats Class Bid in Benefits Clawback Suit

Jan. 15, 2021, 3:55 PM

A family accusing Blue Cross and Blue Shield of Minnesota of wrongfully clawing back patients’ approved benefit payments lost its bid to represent 221 others, when a federal judge said he couldn’t resolve a case involving participants in dozens of health plans on a classwide basis.

“The question of whether Blue Cross was entitled to offset is answered by the plan documents, and the putative class members belong to 84 different ERISA plans, an unknown number of which have different controlling plan documents with different plan language that will need to be analyzed to determine the outcome of each class...

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