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On September 23, 2025, Judge R. David Proctor entered an order establishing the Monitoring Committee for the Blue Cross Blue Shield Provider Settlement.  The Committee will be comprised of:  Whatley Kallas partner, W. Tucker Brown, and Healthcare Association of New York State (formerly “Hospital Association of New York State”) Special Counsel for Managed Care and […]

In a strongly worded letter to the Health Resources and Services Administration (“HRSA”), the American Hospital Association has asked HRSA to abandon the proposed 340B Rebate Model Pilot Program (“the Pilot Program”), or to delay its implementation until issues with the costs of compliance with it could be fixed. The 340B Drug Pricing Program allows

Whatley Kallas is pleased to announce that the $2.8 Billion Blue Cross Blue Shield Antitrust Settlement, the largest payment in a healthcare antitrust case, has become effective. The Settlement also contains injunctive relief that plaintiffs’ experts value in excess of $17.3 billion. There were no appeals from the Court’s final approval of the Settlement. Whatley

The court overseeing the Blue Cross Blue Shield Antitrust Litigation has granted final approval of the Provider Plaintiffs’ settlement, which provides $2.8 billion in monetary relief and at least $17.3 billion in injunctive relief to healthcare providers.  A copy of the Final Approval Order can be found here, and on Whatley Kallas’s settlement website at

A United States District Court judge for the District of Columbia has granted summary judgment to the government, finding that the Secretary of the Department of Health and Human Services had the discretion to reject Johnson & Johnson’s program to offer rebates instead of discounts to 340B covered entities. In reaching his conclusion, Judge Rudolph

Following an eleven-day trial, a three-judge panel of the United States District Court for the Northern District of Alabama held that the Alabama Legislature violated the Voting Rights Act and the Equal Protection Clause of the Fourteenth Amendment when it intentionally drew Congressional districts that would prevent Black voters from electing the candidates of their

On April 23, 2025, Provider Plaintiffs moved the Court to grant final approval of the monumental settlement in the Provider Blue Cross Blue Shield Antitrust litigation.  The settlement includes the largest monetary payment ($2.8 Billion) in any healthcare antitrust action in history in addition to injunctive relief valued at more than $17.3 Billion for healthcare

The Centers for Medicare & Medicaid Services has announced that it will increase the benchmarks paid to Medicare Advantage plans by an average of 5.06% for calendar year 2026. This is an increase of 2.83 percentage points since the 2026 Advance Notice. CMS attributed the 5.06% increase to an increase in the effective growth rate,

The Department of Health and Human Services has filed a Cross-Motion for Summary Judgment supporting the previous administration’s position that pharmaceutical manufacturers do not have the unilateral right to implement rebate programs for 340B drugs. The MSJ brief argues that HHS was well within its statutory authority to prevent the manufacturers from unilaterally implementing the

If you or your business provided healthcare services, equipment, or supplies to Blue Plan patients anytime from July 24, 2008, to October 4, 2024, you may be eligible to submit a claim for your share of a $2.8 billion settlement reached with the Blue Cross and Blue Shield system. The settlement, reached earlier this year