New York BCBS Antitrust Settlement: Empire & Excellus Subscriber Guide

New York subscribers covered by Empire BlueCross BlueShield (New York City metro and downstate counties) or Excellus BlueCross BlueShield (upstate New York, including Rochester, Buffalo, and Syracuse) may be eligible for payments from the $2.67 billion BCBS antitrust settlement — provided they filed a valid claim by the November 5, 2021 deadline.

The settlement resolved a federal antitrust class action alleging that more than 35 Blue Cross Blue Shield plans conspired to divide up geographic markets and avoid competing nationally, causing subscribers to pay artificially inflated premiums during the class period of February 7, 2008 through October 16, 2020 (September 1, 2015 through October 16, 2020 for self-funded employer plans). Initial distribution checks and prepaid cards began rolling out on May 11, 2026, more than a decade after the litigation began.

Where you live does not change how your payment is calculated. The court-approved plan pays claimants in New York exactly as it pays everyone else: your share is your “Recognized Claim” — built from the premiums (for self-funded accounts, the administrative fees) the Blue plan's records show you paid during the class period — divided by everyone's, multiplied by the net fund. The settlement publishes no state rankings, market-share weights or state payout ranges; dollar ranges quoted for individual states are estimates, not official figures.

The money is split into two pots that are paid separately: $1.78 billion for individuals, insured groups and their employees, and $120 million for self-funded accounts and their employees. Divided across the 7,774,992 claims the court approved, the average is about $244 a claim. As a rough rule of thumb (our arithmetic, not an official rate), the individual and insured-group pot pays about 54 cents per $100 of premiums: $10,000 in premiums works out to about $54, and $60,000 to about $325.

Under the court's April 24, 2026 order, shares under $200 are paid in full in the first distribution, which began May 11, 2026. Shares of $200 or more receive about 90% now, with 10% of the fund held in reserve for a later distribution. Any claimant whose share calculates to $5.00 or less receives nothing.

Two BCBS-affiliated plans served New York during the class period. Empire BlueCross BlueShield — now rebranded as Anthem Blue Cross and Blue Shield in New York as of 2023 — was the dominant BCBS carrier for New York City, Long Island, Westchester, and other downstate counties, covering more than 4 million members. Excellus BlueCross BlueShield, headquartered in Rochester and operated as a nonprofit subsidiary of Lifetime Healthcare, Inc., served upstate New York including the Rochester, Buffalo, Syracuse, and Utica markets. Both plans were named Settling Defendants in the antitrust litigation and are covered by the settlement.

If your insurance card, EOB statements, or employer benefits documents listed either Empire Blue Cross, Empire BlueCross BlueShield, Excellus BlueCross BlueShield, or any Anthem / BCBS-licensed plan in New York, your premiums likely qualify toward your claim calculation — as long as you filed before November 5, 2021. Coverage through the New York State Health Insurance Program (NYSHIP) Empire Plan is a government plan and is excluded from the settlement (see Exclusions below).

Payments to New York claimants come from the same national fund as everyone else's, under the court's April 24, 2026 distribution order (the settlement itself received final approval on August 9, 2022). The administrator, JND Legal Administration, began the initial distribution on May 11, 2026 and sends payments in batches by the method chosen on the claim — for example a prepaid card, with an activation email from distribution@bcbssettlement.com, or a mailed check. No state or regional schedule has been published, and the settlement reports no claim counts or amounts by state.

Only claimants who filed by the November 5, 2021 deadline are paid; no new claims are accepted. Shares of $5.00 or less receive nothing, shares under $200 are paid in full, and shares of $200 or more receive about 90% now, with 10% of the fund held for a second distribution that has no date yet. Checks are void if not cashed within 90 days. To see where your claim stands, use “Check my Claim Status” on bcbssettlement.com with your Unique ID or Claim Number, or call (888) 681-1142.

• Government accounts are excluded: coverage bought by the State of New York, its counties and cities, tribes or the federal government — whether the plan was self-funded or fully insured. That includes the State of New York's own employee health plan.
• Federal Employee Program (FEP) coverage is excluded as a federal government account.
• Quasi-government accounts are included if they chose their own fully insured or self-funded Blue plan — for example school districts, utilities, port and transportation authorities, government-funded hospitals and public retiree benefit plans. The administrator decides individual cases: (888) 681-1142.
• Self-funded employer plans are not excluded: they and their employees share a separate $120 million fund, for coverage from September 1, 2015 to October 16, 2020.
• Medicare Advantage policies are not part of the settlement; Medicare Supplement (Medigap) policies are, if the coverage dates fit.
• Dependents and beneficiaries, including minors on a parent's plan, are not paid; the subscriber or employee who paid the premium is.
• Coverage from insurers outside the Blue system does not count.

Source: the official settlement FAQ at bcbssettlement.com (questions 7–9 and 12).