wellbeingThe Healthcare Justice Coalition and the remnants of two large physician staffing firms are suing the Blue Cross Blue Shield Association and the 33 Blue Cross and Blue Shield carriers over allegations about violations of federal antitrust rules.
The plaintiffs have accused the Blues of working together in ways that have increased the cost of coverage.
They have also included two demands that could have a direct effect on employer health plan sponsors: The plaintiffs are asking for an injunction that would block the Blues from using their national accounts program and their BlueCard program to fix the prices the carriers pay providers, according to a complaint filed Wednesday, March 3rd, in the U.S. District Court for the Northern District of California.
Representatives for the Blue Cross and Blue Shield Association declined to comment.
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BCBS (“The Blues”)
The Blue Cross and Blue Shield carriers provide or administer health coverage for 118 million people.
The BlueCard program lets enrollees in the Blues’ employer-sponsored national accounts health plans use their coverage to get care from any provider in any Blue Cross and Blue Shield carrier’s network.
The history: Employers and providers have been fighting the Blues in court over antitrust concerns for years.
A court approved a $2.7 billion settlement between the Blue Cross and Blue Shield carriers and employer plaintiffs in 2022.
The court approved a $2.8 billion settlement between the Blues and with health care provider plaintiffs in 2025.
The new suit: The new suit was filed by health care providers that opted out of the provider settlement.
One, the American Physician Partners liquidating trust, represents the estate of APP, a large physician staffing firm that filed for bankruptcy and shut down in 2023.
NES America, another large physician staffing firm, shut down in 2024 and filed for bankruptcy in 2025.
The Health Care Justice Coalition has been assigned the rights to the claims of APP and NES America, according to the coalition.
The national accounts program: The plaintiffs contend that, in spite of changes made in the wake of earlier antitrust litigation, the Blues’ national accounts program still limits competition between the Blues.
The program still helps the Blues share valuable data and hold down what they pay for care, the plaintiffs say.
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