A new class action claims Blue Cross Blue Shield of Illinois members can't find in-network mental health providers.

On Oct. 9, 2026, William Kern and Jamie Impastato filed a class action lawsuit against Blue Cross Blue Shield of Illinois in Cook County Circuit Court.

The lawsuit's central allegation is that the insurer keeps a "ghost network," a directory of mental health providers that are often out of network, unavailable or unreachable.

Kern's reported experience

Kern, who claims he has ADHD, anxiety and depression, says he chose a Blue Cross plan that covered in-network mental health visits at no cost, according to the complaint. He alleges the roughly 10 therapists and 10 psychiatrists he called from the directory were out of network, unavailable or not offering the listed services.

During the months-long search, Kern alleges he experienced severe anxiety and mania. He now pays $10 for each out-of-network visit rather than $0 for an in-network visit, the lawsuit claims.

Impastato's alleged experience

Impastato claims she sought therapy for her daughter, then about 11, who has ADHD, anxiety and depression. Within 50 miles of home, she could not find an in-network therapist who took her plan, treated minors and offered in-person sessions, the lawsuit alleges. Because the family's HMO reportedly does not cover out-of-network care, her daughter allegedly went without therapy for about a year.

In April 2025, after a year without care, the girl had a mental health crisis at age 12, the proposed class action claims. The family now pays $80 an hour for out-of-network care rather than the $30 copay it would pay for in-network care, the lawsuit states. Both plaintiffs contend they would not have enrolled in the Blue Cross Blue Shield of Illinois health plan had they known the extent of the directory's inaccuracies.

The plaintiffs' 'secret shopper' test

The plaintiffs' attorneys tested the insurer's directory with what the lawsuit calls a "secret shopper study" of listings within 30 miles of Kern's home, the lawsuit claims. Callers reportedly could not book appointments at 37 of 50 therapist and 34 of 50 psychiatrist listings.

The study claimed most failures involved an unreachable phone number or a listing that got the provider's plan, availability or location wrong. The proposed class action calculated the resulting "ghost rate" at 73% for therapists and 58% for psychiatrists.

The legal claims

The lawsuit brings seven claims:


  • Breach of contract, in two counts, which says the company failed to deliver the network its contracts require

  • Illinois Uniform Deceptive Trade Practices Act, which bars prohibits claims about services

  • Illinois Consumer Fraud and Deceptive Business Practices Act, which bars deceptive practices

  • Intentional misrepresentation, which covers knowingly false statements

  • Negligent misrepresentation, which applies if the misstatements prove careless

  • Unjust enrichment, which seeks money the company kept at members' expense

One contract claim covers direct customers like Kern, and the other covers group-plan members like Impastato. The plaintiffs seek damages, including punitive damages and three times their losses, plus court orders and attorneys' fees.

What the case means for Blue Cross Blue Shield of Illinois members

The proposed class covers anyone who bought or enrolled in any of the insurer's Illinois health plans from Oct. 9, 2016, through the date of judgment. As of this writing, there is no settlement, no claims process and no money available.