The Pennsylvania Supreme Court has revived a series of class action suits against the state’s four Blue Cross and Blue Shield health plans alleging they violated the Nonprofit Corporation Law of 1988 by maintaining excessive surpluses.
In a 15-page opinion in Ciamaichelo v. Independence Blue Cross, the justices reversed a Commonwealth Court ruling that dismissed the suits on the grounds that the insurance commissioner has exclusive jurisdiction to deal with matters involving rates because the “filed-rate doctrine” prevents collateral attacks on rates and reserves approved by the commissioner.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Not a Bloomberg Law Subscriber?
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]