In January 2017, a Florida Blue computer glitch caused thousands of policyholders to be told they have no insurance. See Ron Hurtibise, Glitches leave Florida Blue policyholder showing as canceled in system, Sun Sentinel (Jan. 9, 2017), https://www.sun-sentinel.com/business/jobs/fl-blue-cross-billing-issues-20170109-story.html. Recently, Rosenberg Law, P.A., brought a class action against Florida Blue for retroactively terminating health insurance policies without the required notice due to an issue with the auto-payments. Rosenberg Law, P.A., is a boutique, civil litigation firm that specializes in healthcare litigation.
According to the complaint, the named plaintiff was signed up for auto-payment of her family’s premium but was unknowingly removed due to a glitch. She was required to sign up for autopayment again. However, Florida Blue did not give the required notice that auto-payments failed and instead retroactively terminated the family’s insurance coverage. The complaint alleges that when the plaintiff contacted Florida Blue, the insurer unreasonably refused to reinstate her family’s policies.
The complaint alleges that Florida Blue’s conduct contradicts Florida Blue’s policy language. The policy requires the Insurer to give policyholders at least 45 days advanced written notice before termination due to non-payment of premiums or not receiving timely premium payments. The Patient Protection and Affordable Care Act penalizes individuals that do not maintain qualified health insurance policies. Florida Blue’s actions caused insureds to incur tax penalties or pay the costs of securing short term coverage and pay healthcare expenses out of pocket.
Rosenberg Law, P.A., represents clients throughout Florida and New York with offices in Plantation, FL (954-790-6100) and Sarasota, FL (941-373-6777).
This case is docketed as Rosenberg V. Blue Cross and Blue Shield Of Florida, Inc., D/B/A Florida Blue, No. CACE-19-012278 (Broward County)
