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Consumer Watchdog

Blue Shield Death Spiral

Blue Shield Death Spiral

Consumer Watchdog is litigating a class action lawsuit on behalf of hundreds of thousands of California consumers against health insurer Blue Shield for forcing patients into lower-benefit and higher-deductible health coverage in violation of state law.

The lawsuit seeks to stop Blue Shield from shoving its policyholders into what is known as a “Death Spiral”–the industry term for what happens when a health insurer “closes” certain insurance policies to new applicants. The result is a vicious cycle of exodus by healthier members and spiraling rate increases, causing consumers with pre-existing health
conditions trapped in the closed plans to transfer to bare-bones coverage providing skimpier benefits or go without coverage altogether.

Recently, the California Department of Insurance deemed rate increases affecting consumers enrolled in the Death Spiral policies to be "unreasonable."

  • Read the San Francisco Chronicle coverage of Blue Shield's "unreasonable" rate increase.
  • Read the press release announcing the lawsuit.
  • Watch Fox 11's coverage of the lawsuit.
  • Download the lawsuit filed in San Francisco Superior Court.
  • Download Consumer Watchdog's brief opposing Blue Shield's attempt to deny consumers their day in court.
Jerry Flanagan

Jerry Flanagan

Jerry Flanagan is Consumer Watchdog's Litigation Director. Flanagan leads Consumer Watchdog’s litigation efforts in the areas of health insurance coverage and access to treatments. He has over 20 years experience working in public interest and health care policy, legislation and litigation.

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