Blue Cross under investigation

After 20 lawmakers filed a complaint about the anti-health reform campaign of Blue Cross, Gary Robertson of AP reported this:

The state Attorney General’s office confirmed Tuesday it was investigating North Carolina’s largest health insurer for prerecorded calls that started late last month. Based on a preliminary review, some calls linked to the company appear to have violated the law, according to a letter from a state attorney.

Company spokesman Lew Borman said Blue Cross officials provided information as part of the inquiry and are in discussions with Attorney General Roy Cooper’s office.

The disclosure came as 20 state lawmakers asked Cooper and Insurance Commissioner Wayne Goodwin to examine the calls and mailers urging citizens to contact U.S. Sen. Kay Hagan and ask her to oppose a new government-run health insurance plan.

Blue Cross, with 3.7 million customers in North Carolina, is a unique not-for-profit private corporation that pays taxes but benefited from a tax-preferred status for decades until the 1980s.

It’s not clear when the investigation will be complete, but the company could face fines if Cooper deems the calls illegal. A group that made unlawful automated phone calls to North Carolina voters before the 2008 primary was ordered to pay a $100,000 penalty.

The previous six-figure fine referenced in the story was handed out to the organization Raising Women’s Voices for not following proper guidelines in making automated calls. Initial investigations indicate that Blue Cross is guilty of similar violations.

From the AP:

Cooper’s Consumer Protection Division began investigating the so-called “robocalls” after a written complaint from Tryon resident Alfred Haskell, who wrote that the voice on the call “wanted us to influence Sen. Kay Hagan in a way that violates our beliefs.”

The Attorney General’s Office said for a robocall to be legal, it must clearly identify the caller, state the nature of the call and provide contact information.

“Our initial assessment is that certain calls purported to be made on behalf of (Blue Cross) do not appear to meet the third requirement,” Assistant Attorney General David Kirkman told the company in a Nov. 9 letter.