Pa. High Court Revives Class Suits Against Health Plans

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. The justices reversed a ruling that
dismissed the suits on the grounds that the insurance commissioner has
exclusive jurisdiction to deal with rates because the “filed-rate
doctrine” prevents collateral attacks on rates and reserves approved by
the commissioner.

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