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.

New York is a competitively fragmented health insurance market — unlike Alabama or Michigan, where BCBS plans historically commanded 70–90% market share, New York has multiple large competing insurers including UnitedHealth, Emblem Health, MetroPlus, Oscar, and others. Because the settlement's subscriber fund is distributed pro-rata based on premiums paid — not on a state-level harm multiplier — New York claimants' individual payouts depend primarily on how many years they were covered and how much they paid in premiums, not on BCBS's statewide dominance.

Note on methodology: The $1.78 billion insured-subscriber fund is shared among approximately 6 million national claimants. No official state-level multiplier table has been published for the subscriber settlement. Payout estimates on this page reflect nationally published tier ranges and are not state-specific adjustments. New York subscribers covered for longer periods and paying higher metro-area premiums will generally receive more than the national average of ~$333.

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).

The settlement administrator, JND Legal Administration, began distributing initial payments on May 11, 2026. Payments are being issued as either paper checks or prepaid Visa debit cards, with activation emails sent from [email protected]. New York claimants with valid claim numbers can check their payment status at the official settlement portal using their Claim Number or Unique ID.

Because approximately 6 million valid claims were filed nationally, the settlement administrator is processing distributions on a rolling basis — not all checks will arrive simultaneously. If you filed a valid claim and have not yet received a payment notice by late May 2026, you can contact the settlement administrator directly at (888) 681-1142 or [email protected]. The minimum payment threshold is $5.00 — claims calculated at $5 or less will not receive a check.

• NY State Health Insurance Program (NYSHIP) / Empire Plan subscribers: New York State employees, retirees, and their dependents covered through the Empire Plan (administered by Empire/Anthem under contract with NYS Civil Service) are in a government account — the settlement expressly excludes all state, county, municipal, and federal government plans. If your only BCBS coverage was through NYSHIP, you are not eligible.
• NYC municipal employees: New York City employees covered through GHI (now EmblemHealth) or other NYC-administered plans are not BCBS subscribers and were not class members. Even NYC employees with a nominal BCBS administrative arrangement through a city government contract fall under the government-account exclusion.
• Medicare Advantage (MA) plans: Empire BlueCross MediBlue or similar Medicare Advantage products are excluded. Medicare Supplement (Medigap) policies administered by Empire or Excellus are included.
• Medicaid managed care: Empire BlueCross BlueShield HealthPlus Medicaid plans are not commercial health insurance and are excluded from the class definition.
• Dependents-only claims: Dependents who did not independently purchase or pay premiums are not eligible claimants — only the subscriber or the entity that paid premiums can file.
• Claims filed after November 5, 2021: The claim filing window is permanently closed. Late claims are not accepted regardless of eligibility.