Briscoe, et al. v. Health Care Service Corporation, et al., Case No: 1:16-cv-10294 (N.D. Ill.)

On November 2, 2016, Chimicles Schwartz Kriner & Donaldson-Smith LLP (“CSK&D”) filed a class action lawsuit against Health Care Service Corporation (“HCSC”) (a holding company for Blue Cross Blue Shield Plans in Illinois, Montana, New Mexico, Oklahoma, and Texas) (“HSCS” or “Defendant”), charging HCSC with violations of ERISA, the Plaintiffs’ insurance contracts, and the Affordable Care Act (ACA) for failing to provide coverage without cost-sharing for breastfeeding support and counseling.

On December 5, 2017, United States District Judge John Robert Blakey denied, in part, and granted, in part, Defendant’s motion to dismiss. Among other things, the Court held that the allegations of the amended complaint were sufficient to “state a plausible claim” that Defendant failed to “provide meaningful coverage” for breastfeeding support and counseling services and that “Defendant[] violated the ACA for improperly imposing cost sharing for lactation services.” The Court noted that based on the Plaintiffs’ allegations, the Defendant’s “ alleged administrative barriers” made finding an in-network provider for lactation services tantamount to looking for a “needle in the haystack.”

On January 21, 2020, the Court denied without prejudice Plaintiffs’ motion for class certification. On February 14, 2020, Plaintiffs filed a renewed motion for class certification that is currently pending before the Court.

If you believe that you have been wrongfully denied breastfeeding support and counseling coverage by HCSC please complete the form below.

Attorneys for this case:
Nicholas E. Chimicles
Kimberly Donaldson-Smith
Stephanie E. Saunders