3rd Circ. Sinks Heart Monitor Co.'s BCBS Antitrust Case

By Khorri Atkinson (November 19, 2021, 9:31 PM EST) -- The Third Circuit has released Blue Cross Blue Shield from heart monitoring device maker LifeWatch Services Inc.'s antitrust suit accusing the company and several of its associated health plans of conspiring to deny patients insurance coverage for certain LifeWatch products, ruling that Blue Cross is immune from the claims.

A three-judge panel in a Nov. 17 order unanimously affirmed a Pennsylvania federal judge's December 2020 dismissal of the case, which sided with the health insurers' argument that the so-called Uniformity Rule is insulated under a McCarran-Ferguson Act provision exempting "business of insurance" from federal antitrust laws. The suit had been tossed...

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