Volume 6, Issue 6 • February 13, 2013
► Blue Alert
Blues will participate in Rx settlement
BCBSM and ASC customers recently received a notice (PDF) of a class action drug settlement from the U.S. District Court for the District of Delaware.
Here’s the background:
“The lawsuit claims that the Defendants violated antitrust and consumer protection laws by keeping lower cost generic versions of Toprol XL® off the market. The Defendants deny this. No one is claiming that Toprol XL® or its generic are unsafe or ineffective.”
The settlement provides that the defendants will pay up to $11 million. Approximately 50 percent of the net settlement fund will be paid to consumers and approximately 50 percent will be paid to insurers and employee welfare benefit plans.
BCBSM will participate in the settlement and submit a claim form. The deadline to submit a claim form is April 1, 2013. The claim period includes Toprol XL® or its generic purchased, paid for or reimbursed from May 5, 2005 through Sept. 27, 2012. |
Briefly...
The notice is titled, Third Party Payors That Paid for the Heart Medication, Toprol XL® or its Generic Could Get Money from a Class Action Settlement. The name of the case is, In re: Metoprolol Succinate End-Payor Antitrust Litigation, Civil Action No. 06-cv-71 (GMS). You can obtain a complete copy of the Settlement Agreement and additional information at www.ToprolSettlement.com. |
BCBSM will submit a claim form on behalf of all ASC groups unless a group instructs BCBSM not to do so. If an ASC group doesn’t want BCBSM to submit a claim form on its behalf, the ASC group must notify BCBSM in writing no later than Friday, March 1, 2013. The contact information can be found at the end of the alert. If the group fails to notify BCBSM, we will submit a claim form on its behalf.
If an ASC group instructs BCBSM to not file a claim form on its behalf, the group can exclude itself from the class action lawsuit by following the exclusion instructions at www.ToprolSettlement.com. We’re mailing all fully self-funded ASC groups a letter outlining the information in this Field Alert. NOTE: BCBSM can’t provide any legal advice to a group regarding whether to exclude itself from the class, remain in the class or take other available action.
If BCBSM didn’t administer a group’s pharmacy benefits during the claim period, from May 5, 2005, through Sept. 27, 2012, BCBSM will not be able to submit a claim form on behalf of the group; the group must contact its other administrator.
Questions? Contact your Blues sales rep or managing agent |
