Welcome to the BCBS NC Settlement Website

Settlement Update – May 7, 2012

On May 2, 2012, the distribution was completed to all eligible class members.  These checks represent each class member’s proportionate share of the Net Settlement Fund.

The checks expire 180 days after issue date, so please cash or otherwise present your check for payment as soon as possible.  If you have not received your check, please contact our office at 866-274-4004.

Summary Notice to Class Members

TO: All persons (a) who were a member of a Blue Cross Blue Shield of North Carolina (“BCBSNC”) preferred provider organization (“PPO”) plan – Blue Advantage or Blue Options – any time from November 1, 2002 through December 31, 2008; and (b) the plan was not covered by the Employment Retirement Income Security Act (“ERISA”); and (c) during any benefit period, you reached your benefit period maximum or lifetime maximum under the terms of your PPO contract with BCBSNC; and (d) you were charged by an in-network provider more than the allowed amount for covered services or supplied after reaching your benefit period or lifetime maximum.

This notification is in summary form, you can obtain a full copy of the notification by visiting the Important Documents Section of this website or by writing to Hamm v. Blue Cross and Blue Shield of North Carolina Settlement Administrator, c/o Strategic Claims Services, 600 N. Jackson Street, Suite 3, Media, PA 19063.

A class action was brought by Plaintiff Macy M. Hamm against Blue Cross and Blue Shield of North Carolina seeking money damages and other relief.  The case has been assigned to the Honorable John R. Jolly, Jr., Special Superior Court Judge for Complex Business Cases.  Judge Jolly certified this matter as a class action on August 5, 2008.

After the Plaintiff reached her benefit period maximum for certain services, she contends she was charged the full provider charge by a BCBSNC in-network provider instead of the contracted – or “allowed amount”- that BCBSNC pays to its in-network providers.  Plaintiff contends that under her contract of insurance with BCBSNC, she was entitled to pay the allowed amount rather than the full charged amount for services she received after she reached her benefit period maximum.  BCBSNC has denied the essential allegations of Plaintiff’s claims and all liability, but the parties have now agreed to settle the lawsuit, and this Settlement provides you with benefits.

The proposed Settlement provides for a monetary payment in the amount of one million and nine hundred thousand dollars ($1,900,000).  The monetary payment, net of attorney’s fees and expenses, will be distributed to the Class members for whom the amount billed for treatment by an in-network provider was in excess of the allowed amount during the Class Period, when the benefit maximum was exceeded. 

The Court will hold a fairness hearing on FEBRUARY 8, 2012 at 12:00 p.m. at the North Carolina Business Court, 225 Hillsborough Street, Suite 303, Raleigh, North Carolina.  At the hearing, the Court will decide whether to approve the proposed Settlement and the request for attorney’s fees and reimbursement of expenses.  If objections have been timely received, the Court will consider them at this time.

You do not have to do anything now if you want to remain a Class Member and receive your share of the proposed Settlement money.  By doing nothing, you remain a Class Member.  By being a Class Member, you will be legally bound by the Final Judgment the Court makes in this case and will give up your right to sue BCBSNC for damages or other relief resulting from the claims at issue in this lawsuit.

If you want to be excluded from the Class, you will have to send an “Exclusion Request” in the form of a letter sent by U.S. mail, stating that you want to be excluded from Hamm v. Blue Cross and Blue Shield of North Carolina.  Be sure to include your name and address, and sign the letter.  You must mail your Exclusion Request postmarked by JANUARY 18, 2012 to: 

Hamm v. Blue Cross and Blue Shield of North Carolina Exclusion
c/o Strategic Claims Services
600 N. Jackson Street, Suite 3
Media, PA 19063

 If you want to object to the proposed Settlement, you must submit your objection in writing, stating that you object to the Settlement of Hamm, et al. v. Blue Cross and Blue Shield of North Carolina.  Your written objection must include your name, address, and the reasons you object to the proposed Settlement.  You must also submit copies of any documents you wish to support your objection.  Your must sign your written objection and then submit it via U.S. Mail to the address listed above, postmarked no later than JANUARY 25, 2012.

 If you submit an objection in accordance with the above requirements, then YOU HAVE THE RIGHT TO APPEAR AND BE HEARD on your objection at the Fairness Hearing.  You may appear personally or through your attorney at the Fairness Hearing and you may present any evidence or argument that is proper and relevant to your written objection.  If you hire an attorney for the purpose of objecting to any aspect of the proposed Settlement, the attorney must file an entry of appearance with the Clerk of Court, Durham County, North Carolina no later than JANUARY 25, 2012 and send a copy of such entry of appearance to the above address by U.S. Mail postmarked no later than JANUARY 25, 2012.

For additional information, you may also write to the following address:

Hamm v. Blue Cross and Blue Shield of North Carolina
c/o Strategic Claims Services
600 N. Jackson Street, Suite 3
Media, PA 19063

This website was created for this Settlement containing all the important documents for the Settlement.  If you wish to view these documents please visit the Important Documents Section, or if you would like to update your address, please click the Change of Address Form link.

Please do not contact BCBSNC with questions about the Settlement or the amount of money you may receive.

Contact Class Counsel at BlueCrossNCClass@marcusauerbach.com